Service Level Agreement
This Service Level Agreement (“SLA”) defines our service level commitments with regard to the availability of our Services in the Communic8 Platform.
This SLA together with our Platform Services Description, User Terms of Service, Cookie Statement, Privacy Policy, Acceptable Use Policy, Copyright and Trademark Policy, Security Policy, and Browser/Mobile Support Policy, form a legally binding agreement between you and us. Capitalised words used but not defined here have meanings provided in the User Terms of Service.
Please carefully read all our terms and policies because they affect your rights and obligations under the law. By using the Platform, you confirm that you understand and agree with this SLA and our applicable terms and policies. If you do not agree, you may not use the Platform.
1. Definitions
“Maintenance” means scheduled Unavailability of the Platform, as we have announced prior to the Platform becoming Unavailable.
“Monthly Uptime Percentage” means 100% minus the percentage of minutes when the Platform is Unavailable during any monthly billing cycle. Monthly Uptime Percentage excludes downtime resulting directly or indirectly from any SLA Exclusion.
“Service Credit” means a credit denominated in Australian Dollars, calculated as set forth below, that we may credit back to an eligible Client.
“Unavailable” and “Unavailability” means the minutes when the Platform is not running or not reachable due to our fault, during any monthly billing cycle.
2. 99.9% Uptime Commitment
We use commercially reasonable efforts to make the Platform run in your dedicated environment with a Monthly Uptime Percentage of at least 99.9% during any monthly billing cycle (the “Service Commitment”). Subject to the SLA Exclusions, if we do not meet the Service Commitment, you will be eligible to receive a Service Credit.
3. Service Commitments and Service Credits
Service Credits are credited against your Service Fees, and calculated during the monthly cycle when and Unavailability occurred in accordance with the following schedule:
Monthly Uptime Percentage | Service Credit |
Less than 100%, but equal to or greater than 99.9%. | 0% of your monthly Service Fees |
Less than 99.9%, but equal to or greater than 99.5%. | 2% of your monthly Service Fees |
Less than 99.5%, but equal to or greater than 98%. | 5% of your monthly Service Fees |
Less than 98%. | 10% of your monthly Service Fees |
Service Credits can be applied only against future payments for your Service Fees. Service Credits will not entitle you to a refund or any other payment. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is more than One Australian Dollar ($1 AUD). Service Credits may not be transferred or applied to any other account.
4. Sole Remedy
Unless otherwise provided in the Software as a Service Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failures of the Platform is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
5. Credit Requests
To receive a Service Credit, you must submit a claim by emailing support@communic8.com. To be eligible, the credit request must be received by us by the end of the monthly cycle following the month when the Unavailability happened. The credit request must also include:
• the words “SLA Credit Request” in the subject line;
• the dates, times, and duration of each Unavailability incident claimed; and
• logs that document the dates, times, and duration of the errors during the claimed outage.
Failure to provide the request and other information required above will not qualify for Service Credits.
If we confirm that the Monthly Uptime Percentage is less than the Service Commitment, we will issue the Service Credit to you within one monthly cycle following the month of confirmation.
6. SLA Exclusions
The Service Commitment does not apply to any Unavailability that results from:
• A suspension or termination of an Account based on a violation of our Acceptable Use Policy;
• Factors outside of our reasonable control, including any force majeure event, internet access, or problems beyond the demarcation point of the Communic8 network;
• Your or any third party’s actions or inactions;
• Your or any third party’s equipment, software, or other technology (other than third party equipment within our direct control); or
• Any Maintenance.
