Legal / Service Level Agreement
This Evertel Service Level Agreement (“SLA”) between Evertel Technologies, LLC (“Evertel”, “us” or “we”) and users of the Evertel Services (“you”) governs the use of the Evertel Communication Platform under the provisions of the Evertel Terms of Service (the “Terms”).
Unless otherwise provided herein, this SLA is subject to the provisions of the Terms.
This SLA applies separately to each of your Evertel Platform Accounts.
Version 1.1 – June 7, 2019
Evertel will use commercially reasonable efforts to make your Evertel Platform Services running in Dedicated Environments available with a Monthly Uptime Percentage of at least 99.95% 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.
A Monthly Uptime Percentage of 99.95% means that we guarantee you will experience no more than 21.56 min/month of Unavailability.
“Maintenance” means scheduled Unavailability of the Evertel Platform Services, as announced by us prior to the Evertel Platform Services becoming Unavailable.
“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the Evertel Platform Services were Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA Exclusion.
“Service Credit” means a credit denominated in US dollars, calculated as set forth below, that we may credit back to an eligible account.
“Downtime”, “Unavailable” and “Unavailability” mean, for app services and databases, when your service or database is not running or not reachable due to Evertel’s fault. This excludes the following:
Service Credits are calculated as a percentage of the total charges due on your Evertel invoice for the monthly billing cycle in which the Unavailability occurred, applied proportionally to the Services that were Unavailable.
We will apply any Service Credits only against future payments for the Services otherwise due from you. Service Credits will not entitle you to any refund or other payment from Evertel. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 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 failures 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 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:
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 the following performance issues:
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.