Subject to the provisions of this Service Level Agreement (SLA), Crowdstack, Inc. and its related entities, including Social Strata, Inc. ("Crowdstack", "we", "us", "our") will provide an uptime guarantee of 99.9% for the Service and guarantee a response to all support inquiries within one business day.
To be eligible for the guarantees associated with this SLA, the Crowdstack customer must be on a Fullstack Enterprise or a Complete plan. The SLA will become enforceable 10 days after the customer pays the initial invoice for service on a Fullstack Enterprise or Complete plan or 10 days after paying for an upgrade to that plan.
We will monitor and maintain the Service 24 hours per day, 7 days per week. The monitoring data collected by us shall serve as the basis for calculating all Service Uptime percentages for Customer. Customer may request uptime reports for any calendar month of Service, within three months of the requested month.
Uptime percentages are based on the percentage of uptime during a calendar month for which Service was provided by Crowdstack.
The Service is considered unavailable (“down”) if the core functionality of the Service is unavailable to at least 40% of Customer’s users. Core functionality is defined as the ability of users to sign in, read pages, navigate web links, and post messages/comments.
Covered Downtime, for purposes of the uptime guarantee, excludes unavailability due to Force Majeure, unavailability caused by actions taken by Customer (for instance, applying custom HTML code that prevents the Service from functioning properly), and Scheduled Downtime.
Customer may request service credits if Service Uptime for a calendar month is less than 99.9% (considering Covered Downtime only, as defined above) for any sites hosted by the Service. For every minute of Covered Downtime per hosted site, Customer will be entitled to 2 minutes of service credit. In addition, if there is more than 90 minutes of downtime in one calendar day per site, Customer shall receive 1 day of service credit for that day per site. Credits will be calculated based on the total amount customer paid for Service in the applicable calendar month, less setup fees, divided by the number of minutes in that month.
If Service Uptime is less than 98.0% for any three complete calendar months in any 5-consecutive month period (for any site on the account), we shall be considered in breach of contract and Customer may request termination of the Agreement with 30 days’ notice; any prepaid fees would also be refundable. Exercise of breach on such grounds must occur within 30 days of the qualifying event, however.
To receive service credits in a calendar month, Customer must: a) notify us no more than 30 days from the end of the month that did not meet the uptime guarantee performance level, and b) have had no late payments in the prior three months. In addition, credits will not be eligible for partial months (where Service was not provided for the entire month; for instance, if Service start date was on the 15th of the month).
We will respond to all new inquiries within one business day, with the understanding that our Holidays do not count as business days. In addition, any support ticket submitted after 6:00 PM eastern time shall be considered submitted the following business day. All customer support inquiries must be made via email at [email protected] to qualify for the support response guarantee.
If we fail to respond to a new support request within one business day, Customer is entitled to receive a service credit equal to three hours of service. To request such credit, Customer must formally notify us within 7 days of the incident.
Scheduled Downtime: downtime announced by Crowdstack at least 24 hours in advance, typically used for maintenance or software updates. Such scheduled downtime may not exceed 7 hours per month, unless otherwise agreed to by Customer. In addition, Crowdstack reserves up to 15 minutes per day, without scheduling/notifying with Customer, for maintenance that is expected to be very brief and of minor impact on the Service.
Force Majeure: an event, including acts of God, war, terrorism, strikes, failures of suppliers, fires, floods or earthquakes, that prevents us from properly providing Service.
Service Uptime: Percentage of uptime for a calendar month as compared to Covered Downtime.