SERVICE LEVEL AGREEMENT
Last updated: December 23, 2019
This Daemex LLC Service Level Agreement (“SLA”) governs the use of the Daemex LLC under the terms of the Daemex LLC Terms of Service (the “TOS”) between Daemex LLC (“Daemex LLC”, “us” or “we”) and clients of Daemex LLC (“you” or “Customer”). This SLA applies separately to each account using Daemex LLC services 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. Daemex LLC reserves the right to change the terms of this SLA in accordance with the TOS.
1. SERVICE COMMITMENT
Actual Reports will use commercially reasonable efforts to make the Daemex LLC services available 99.9% of the time. In the event Daemex LLC does not meet the goal of 99.9% service availability in a given calendar month (“Monthly Uptime Percentage”), you will be eligible to receive a Service Credit as described below.
The following capitalized terms shall be given the meaning set forth below: 2.1 “Unavailable Time” means the Daemex LLC services are not available for use according to third-party performance and monitoring services contracted by Uptime Robot at its sole discretion (the “Monitoring Service”). The Monitoring Service reports of availability are currently available at https://status.daemex.io; 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 1 minute periods during the Service Month in which the Daemex LLC 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 Daemex LLC may credit back to an eligible client: 2.4 “Severity level” shown in the tables below are defined as follows
- Critical: Complete degradation — all users and critical functions affected. Item or service completely unavailable.
- Severe: Significant degradation — a large number of users or critical functions affected.
- Medium: Limited degradation — limited number of users or functions affected. Business processes can continue.
- Minor: Small degradation — few users or one user affected. Business processes can continue.
3. RESPONSE TIMES
When the client raises a support issue with Daemex LLC, we promise to respond in a timely fashion. Response times are measured from the moment the client submits a support request via our online chat system or sends us an email. Response times apply during standard working hours (9am to 6pm Eastern Time) only, unless the contract between the client and Daemex LLC specifically includes provisions for out of hours support. Guaranteed response times depend on the priority of the item(s) affected and the severity of the issue. They are shown in this table:
|Time to Respond||within 2 hours||within 4 hours||within 8 hours||within 1 day|
4. RESOLUTION TIMES
In all cases, Daemex LLC will make its best efforts to resolve problems as quickly as possible and we will do our best to fix issues within time defined below. Daemex LLC is unable to provide guaranteed resolution times. This is because the nature and causes of problems can vary enormously.
|Time to Fix||ASAP or up to 1 day||up to 3 days||within 1 week||within 2 weeks|
5. CREDIT REQUEST AND PAYMENT PROCEDURES
For a calendar month where the Uptime Monthly Percentage, as identified by Monitoring Service, Daemex LLC, 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:
|Priority||Monthly Uptime Percentage||Service Credit|
Service Credit shall be issued to Customer’s Daemex LLC 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. To apply for a Service Credit, the customer must contact support via email at [email protected] or by creating a ticket via our billing system within 30 days of the month in which the Unavailable Time occurred. The email or ticket must include (i) "SLA Claim" as the subject; (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.
Notwithstanding anything to the contrary, no Unavailable Time shall be deemed to have occurred with respect to the following: performance issues, that (i) are caused by factors outside of Daemex LLC 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 Daemex LLC or its direct hosting subcontractors (i.e beyond the point in the network where Daemex LLC maintains access and control over the Daemex LLC Services); (ii) result from any actions or in actions of Customer or any third-party (other than Daemex LLC 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 Daemex LLC direct control); or (iv) arise from Daemex LLC suspension and termination of Customer’s right to use the Daemex LLC Services in accordance with the TOS, (v) scheduled maintenance; or (vi) problems or issues related to alpha, beta or not otherwise generally available Daemex LLC features (collectively, the “Exclusions”).
7. SOLE REMEDY
Service Credits shall be your sole and exclusive remedy for any unavailability or non-performance of the Daemex LLC Services or other failures by us to provide the Daemex LLC Services.