Service Level Agreement - SAAS Service
Revised as of 14 September 2020
This Service Level Agreement (“SLA”) contains terms and conditions that apply to the Services provided by Schoolber. The terms contained herein are in addition to, and not in lieu of, the terms in the Schoolber Master Service Agreement (“MSA”) and Order. In the event of a conflict between the terms of this SLA and an Order, the terms of the SLA shall control. This SLA applies to the Services described in Section 1.2.
1. Service Level Warranty
1.1. Service Credit.
Schoolber will provide Service Availability for the Schoolber SaaS of 99.9%. If Service Availability falls below this level, Schoolber will issue a credit to Customer in accordance with this SLA (a “Service Credit”). The amount and method of calculation of Service Credit(s) is described in clause 1.5.
For purposes of this SLA, “Service(s)” means the individual services offered by Schoolber as part of its product offering as described on the Site for which Customer has placed an Order for and purchased from Schoolber.
Capitalised terms used in this SLA and not defined have the meanings ascribed in the MSA.
1.4. Schoolber will maintain measurement tools for the determination of compliance with the above-mentioned Service Availability (“Tools”), and while Customer may also maintain such, Schoolber’s measurements, except in the case of manifest error, shall be the singular basis for determining compliance or non-compliance with the Service Availability set forth herein.
1.5 A maximum of ten (10) Service Credits will be issued per Service, per month. Service Credits are the sole and exclusive remedy for any claims related to Service Availability under the Agreement. Service Credit(s) will only be calculated against the monthly recurring fee associated with the applicable Service for that month. For validated claims for Downtime, a Service Credit is calculated as follows:
1.6 A Service Credit shall not be issued, and this SLA shall not apply, if (i) Customer has not paid any undisputed amounts due under the MSA (Customer agreeing not to unreasonably dispute any amounts due); or (ii) a claim for Service Credit is caused in whole or in part by any of the following (“Downtime Exclusions”):
1.7 Downtime is defined as consecutive failures to connect to Schoolber’s servers within a 15-minute period (not including local telcos outage or Internet connection issues faced by the user), lasting until the condition has cleared.
1.8.Claims for Service Credits must be submitted not later than thirty (30) days after the last day of the month in which the outage time occurred. Each claim must include: (1) Customer name; (2) Customer contact name and contact information; (3) date and beginning/end time of outage or SLA item; (4) a report from a measurement tool stating the basis for the SLA claim; and (5) the Schoolber support ticket number opened in relation to the performance issue and brief description of the characteristics of the SLA item. Required information must be submitted via email to Schoolber contact person. Approved credits will be applied to Customer’s invoice within sixty (60) days of Customer’s credit request submission.
1.9 Scheduled or emergency maintenance (including temporary suspension of a Service) to maintain or modify the network or the Services shall not be counted as outage time. Schoolber reserves the right to modify its network, system configuration or routing configurations at any time without prior notice to Customer. Schoolber may, at its sole discretion and without liability, change or modify the features and functionalities of a Service or modify or replace any hardware or software in the Network or in equipment used to deliver any Service over the Network, provided that there is no material adverse effect on the ordered Service.
For general support issues, please submit a ticket for Schoolber’s Support team by written electronic mail.
1. Service Level Warranty