Enterprise Service Level Agreement
Effective Date: 20th December 2020
Uptick can provide SLAs guaranteeing 99.95% uptime or your money back.
In addition to the standard level of service, Uptick provides an extended Service Level Agreement as defined in this Schedule.
1. Service Level
Subject to the exclusions below, Uptick shall ensure that the Product has no less than 99.5% Uptime (as defined herein). Uptime of the Product is calculated as a percentage using the following formula during a month:
(i) MPM is the number of minutes during Support Hours in a month; and
(ii) SD is the elapsed time in minutes during the MPM in which the Product has either failed completely so it is unavailable to the Customer, or the Product is partially available to the Customer but the Product is not in accordance with its Documentation. SD does not include time where the Product is not available due to a Scheduled Outage, provide the Schedule Outage has been notified and does not exceed any limits for Scheduled Outages in this Schedule.
Support Hours means 24 hours a day, 7 days a week.SD commences on the Customer making a call or Uptick detecting a defect in the Product and ceases once the Product is available to the Customer in accordance with the Documentation for a continuous period of at least 30 minutes.
If the level of Uptime is not provided, as Customer’s sole and exclusive remedy, Customer will be entitled to a credit (subject to the applicable procedures in this Agreement) in accordance with the schedule below. Credits may be used towards future invoices from Uptick, and the Customer will not be entitled to a cash refund if the agreement is terminated or expires before use of all of Customer’s credits.
Credit equal to 10% of monthly Subscription Fees
Credit equal to 20% of monthly Subscription Fees
Credit equal to 30% of monthly Subscription Fees
Credit equal to 40% of monthly Subscription Fees
Credit equal to 50% of monthly Subscription Fees
This credit does not apply to the extent that the failure to achieve the Uptime is due or relates to:
a Scheduled Outage in accordance with section 5 below,
any modifications or alterations of the Product made by any individual or entity other than Uptick or its authorized agents;
any violation of the agreement by the Customer or it’s Users;
Customer’s failure to comply with the documentation published for the Product;
any third party software;
the Public Circuit (as defined below);
failures due to Force Majeure events; and/or
Customer’s or its Users’ inability to access the Product due to problems with software, hardware, telecommunications, or networking equipment located in Customer’s or its Users’ own facilities, including internet connection. “Public Circuit” means the third party provided circuits, overland and/or submarine cabling, and other connectivity infrastructure from a point of demarcation starting immediately after the ingress/egress router or similar appliance at Customer’s or its User’s site to the point immediately before the ingress/egress router or similar appliance at the facility used by Uptick to host the Product.
4. Scheduled Outages
A Scheduled Outage means a planned outage of the Product which will result in the Product or components of the Product being unavailable to the Customer.
Uptick must give the Customer 7 days' notice of a proposed Scheduled Outage, including the commencement time and estimated duration of the Scheduled Outage (which must occur between 7pm to 5am AEST, unless otherwise agreed by the parties.
Uptick must limit the impact of a Scheduled Outage on the Customer's use of the Product to the extent it is practicable to do so.
A Scheduled Outage does not affect Uptick's other obligations under this agreement.