SEO4Ajax Service Level Agreement
Effective September 25, 2015
1. Service Commitment
Capsule Code will use commercially reasonable efforts to make the SEO4Ajax Service available with a Monthly Uptime Percentage (defined below) of at least 99% for level 1 and at least 99,9% for level 2, in each case during any monthly billing cycle (the "Service Commitment"). In the event Capsule Code does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.
The following capitalized terms shall be given the meaning set forth below:
- "Monthly Uptime Percentage" is calculated by subtracting from 100% the percentage of continuous 5 minute periods during the month in which the SEO4Ajax Service was in a state of "Unavailable." Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA Exclusion (defined below).
- "Unavailable" and "Unavailability" means when (i) the SEO4Ajax Service does not serve the captured pages of the Website, or (ii) the SEO4Ajax Service is not able to capture any URL of the Website.
- A "Service Credit" is a dollar credit, calculated as set forth below, that Capsule Code may credit back to an eligible account.
3. Service Commitments and Service Credits
Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments such as upfront payments) for the monthly billing cycle in which the Unavailability occurred in accordance with the schedule below:
|Monthly Uptime Percentage||Service Credit Percentage for Level 1||Service Credit Percentage for Level 2|
|Less than 99.9% but equal to or greater than 99.0%||0%||30%|
|Less than 99.0%||30%||50%|
We will apply any Service Credits only against future SEO4Ajax Service payments otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment from Capsule Code. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than five dollar ($5 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Terms, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the SEO4Ajax Service is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
4. Credit Request and Payment Procedures
To receive a Service Credit, you must submit a claim by sending an email to email@example.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:
- i. the words "SLA Credit Request" in the subject line;
- ii. the dates and times of each Unavailability incident that you are claiming;
- iii. the affected Website; and
- iv. your request 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).
5. SLA Exclusions
The Service Commitment does not apply to any unavailability, suspension or termination of the SEO4Ajax Service, or any other SEO4Ajax Service performance issues: (i) caused by factors outside of our reasonable control, including, without limitation, any force majeure event or Internet access or related problems beyond the demarcation point of SEO4Ajax Service or its direct hosting subcontractors (i.e beyond the point in the network where Capsule Code maintains access and control over the SEO4Ajax Service); (ii) that result from any actions or inactions of you or any third party (other than Capsule Code's direct hosting subcontractor); (iii) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); (iv) that result from any scheduled maintenance; or (vi) arising from our suspension and termination of your right to use the SEO4Ajax Service in connection with any breach by you of the Terms or otherwise in accordance with the Terms (collectively, the "SLA Exclusions"). 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.