Unless otherwise provided herein, this SLA is subject to the provisions of the Master Subscription Agreement.
Service Commitment: 99.99% Uptime Streamkap will use commercially reasonable efforts to ensure your Streamkap Platform has a Monthly Uptime Percentage of at least 99.99% 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.
Definitions “Maintenance” means scheduled Unavailability of the Streamkap Services, as announced by us prior to the Streamkap Services becoming Unavailable. “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the Streamkap Services were Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA Exclusion. “Service Credit” means a credit denominated in USD, calculated as set forth below, that we may credit back to an eligible account. “Unavailable” and “Unavailability” mean, for app services and databases, when your service or database is not running or not reachable due to Streamkap’s fault.
Service Commitments and Service Credits -For Monthly Uptime Percentage less than 99.99% but equal to or greater than 99.5%, you will be eligible for a Service Credit of 10% of the charges attributable to the affected resources -For Monthly Uptime Percentage less than 99.5%, you will be eligible for a Service Credit of 30% of the charges attributable to the affected resources
Sole Remedy -Unless otherwise provided in the Master Subcription Agreement, your sole and exclusive remedy for any unavailability, non- performance, or other failure by us to provide the Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
Credit Request and Payment Procedures -the words “SLA Credit Request” in the subject line; -the dates and times of each Unavailability incident that you are claiming; -the account name(s); -and logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).
SLA Exclusions -That results from a suspension or Remedial Action, as described in the Master Subscription Agreement; -Caused by factors outside of our reasonable control, including any force majeure event, Internet access, or problems beyond the demarcation point of the Streamkap network; -That results from any actions or inactions of you or any third party; -That results from the equipment, software or other technology of you or any third party (other than third party equipment within our direct control); -That results from failures of Streamkap Services not attributable to Unavailability; -or That results from any Maintenance.
Service Credits are calculated as a percentage of the total charges due on your Streamkap invoice for the billing cycle in which the Unavailability occurred, applied proportionally to the Services that were Unavailable, in accordance with the schedule below:
Unless otherwise provided in the Master Subscription Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
To receive a Service Credit, you must submit a claim by emailing team@Streamkap.com. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:
If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.
The Service Commitment does not apply to any Unavailability.If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.