Switchboard Service Level Agreement
Switchboard Service Level Agreement ("SLA") governs the use of the Switchboard Cloud and API under the terms of the Switchboard Terms of Service (the "TOS") between Switchboard Live, Inc. ("Switchboard", "us" or "we") and users of the Switchboard API ("you" or "Customer"). This SLA applies separately to each account using the Switchboard API. Unless otherwise provided herein, this SLA is subject to the terms of the TOS and capitalized terms will have the meaning specified in the TOS. Switchboard reserves the right to change the terms of this SLA in accordance with the TOS.
- Service Commitment Switchboard will use commercially reasonable efforts to make the Switchboard API available 99.95% of the time. In the event Switchboard does not meet the goal of 99.95% API availability in a given calendar month ("Monthly Uptime Percentage"), you will be eligible to receive a Service Credit as described below.
- Definitions The following capitalized terms shall be given the meaning set forth below:
2.1 "Unavailable Time" means the Switchboard API is not available for use according to third-party performance and monitoring services contracted by Switchboard at its sole discretion (the "Monitoring Service"). The Monitoring Service reports of availability are currently available at status. Switchboard.live; provided that service issues or outages relating to any Exclusions (defined below) shall not be deemed as Unavailable Time.
2.2 "Monthly Uptime Percentage" is calculated by subtracting from 100% the percentage of continuous 5 minute periods during the Service Month in which the Switchboard API was in a state of "Unavailable Time" as identified by Monitoring Service
2.3 A "Service Credit" is a dollar credit, calculated as set forth below, that Switchboard may credit back to an eligible Customer account:
For a calendar month where the Uptime Monthly Percentage, as identified by Monitoring Service, Switchboard, at its sole discretion after confirming the nature and accuracy of the Unavailable Time, will credit Customer's account a percentage of that month's billings, as defined by this table:
|Monthly Uptime Percentage||Service Credits|
|< 99.5 %||10 %|
Service Credit shall be issued to Customer's Switchboard balance for future use only. No refunds or cash value will be provided. Service Credits may not be transferred or applied to any other account.
- Credit Request and Payment Procedures To apply for a Service Credit, the customer must submit a ticket via the Connect Portal within 30 days of the month in which the Unavailable Time occurred. The ticket must include (i) "SLA Claim" as the subject of the ticket; (ii) the dates and times of the Unavailable Time for which you are requesting credit; and (iii) any applicable information that documents the claimed outage.
- Exclusions Notwithstanding anything to the contrary, no Unavailable Time shall be deemed to have occurred with respect to any unavailability, suspension or termination of the Switchboard API, or any other Switchboard API performance issues, that (i) are caused by factors outside of Switchboard's reasonable control, including, without limitation, any force majeure event, carrier related problems or issues, or Internet access or related problems beyond the demarcation point of Switchboard or its direct hosting subcontractors (i.e beyond the point in the network where Switchboard maintains access and control over the Switchboard Services); (ii) result from any actions or inactions of Customer or any third party (other than Switchboard's direct hosting subcontractor); (iii) result from Applications, equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within Switchboard's direct control); or (iv) arise from Switchboard's suspension and termination of Customer's right to use the Switchboard Services in accordance with the TOS, (v) scheduled maintenance; or (vi) problems or issues related to alpha, beta or not otherwise generally available Switchboard features or products (collectively, the "Exclusions").
- Sole Remedy Service Credits shall be your sole and exclusive remedy for any unavailability or non-performance of the Switchboard Services or another failure by us to provide the Switchboard Services.
- How you contact us:
You may contact via email at firstname.lastname@example.org or you may write to us at the address listed below.
Switchboard Live, Inc.
1608 Walnut Street
Philadelphia, PA 19103