1 HOSTING SERVICES
Hosting services shall include hosting of the Services together with related components and Customer owned content as set out below.
The Company will take all appropriate measures in terms of redundancy, monitoring and platform management to make the Services available via the Internet 99.5% during each calendar month during the term of the Agreement. The events set out in clause 5 of this SLA and Planned Maintenance shall be excluded from the calculation of availability of the Services.
Availability shall be measured by the Company’s monitoring system as found at http://status.silktide.com/.
1.2 Service Credits
If the Services are not available in accordance with the availability level set out in clause 1.1 of this SLA, the following service credits shall apply:
|Availability Achieved||Service Credit|
|between 99.49 and 98%||3%|
|between 97.99 and 97%||4%|
|between 96.99 and 96%||6%|
|between 95.99 and 95%||8%|
|less than 95%||10%|
Service credits are expressed as a percentage of the monthly paid Fee for the service affected. Any claim for a service credit must be made by the Customer to the Company via email to: email@example.com and within 30 days of the downtime.
Service credits will be credited to the next invoice issued to the Customer following the period in which the availability of the Services was not met.
In aggregate in any calendar month the total applicable service credits for a breach of this SLA shall not exceed 50% of the monthly Fee paid for the Services affected in the applicable calendar month.
Service credits are the Customer’s sole and exclusive remedy for any performance or availability issues of the Services under the Agreement and this SLA.
2 SUPPORT SERVICES
The Company provides support services from a UK support centre, in English during Business Hours on Business Days.
Problems may be reported to the support centre by email, live-chat tool in the web application or via the support site found at https://help.silktide.com.
Problems with the Services will be dealt with in accordance with their level of severity. The time frame in which problems will be resolved will depend upon whether they are classified as a bug or incident.
Maintenance and support services shall not be provided for issues arising from (i) modifications, alteration or configuration of any of the Services by the Customer or a third party that have not been authorized in writing by the Company and/or (ii) technology or IPR that has not been provided by the Company pursuant to the Agreement.
3 MAINTENANCE SERVICES
The Company usually carries out Planned Maintenance at weekends or in the evenings. If Planned Maintenance is to be performed outside of these times the Company shall give the Customer at least 48 hours prior notice.
The Company shall where possible, provide the Customer with prior notice of Emergency Maintenance. However, work may commence at any time and shall continue until completed. The Company shall attempt, but cannot guarantee scheduling Emergency Maintenance during non Business Hours.
4 CUSTOMER’S OBLIGATIONS
The Customer has the following obligations under this SLA:
- to provide all suitable hardware and software and telecommunications equipment required for accessing the Services;
- responsibility for the network connection between the Company’s hosting centers and the Customer’s premises (backend) connection to a telecommunications network;
- to inform the Company without delay of any problems with the Services;
- to purchase upgrades for its own software, if necessary, for the error free operation of its own software with the Services;
- to check its systems for the most commonly known worms and viruses;
- to have a current virus scanner installed for each Customer system accessing the Services.
5 LIMITATION OF LIABILITY
The Company shall not be liable for, and shall have no obligation to fix, any errors, Incidents, Problems or Bugs or any lack of availability of the Services caused by the following:
- any breach of the Customer’s obligations set out in clause 4 above;
- use of the Services on a system not supported by the Company or specifically agreed in writing in this Agreement;
- unavailability of telecommunications;
- faults or omission of ISPs;
- any lack of connectivity caused by a third party;
- any Bugs or defects in any third party software that interacts with the Customer’s data once it leaves the Company’s data centers;
- any denial of service attacks, network floods, and hacking;
- interconnection of the Services with other software products not supplied by the Company except as expressly agreed in writing in this Agreement;
- any DNS issues not within the direct control of the Company i.e. a fault on the Customer’s network or own equipment configuration;
- problems or errors that occur while the Company is waiting for the Customer to provide information to enable it to rectify a fault or restore services;
- faults caused by the Customer’s management or connection to the Services;
- the Customer failing to take part in training offered by the Company, necessary for use of the Services;
- Force Majeure.