Last Updated: December 23, 2019

SERVICE LEVEL AGREEMENT

This Daemex Co. Service Level Agreement (“SLA”) governs the use of the Daemex Co. under the terms of the Daemex Co. Terms of Service (the “TOS”) between Daemex Co. (“Daemex Co.”, “us” or “we”) and clients of Daemex Co. (“you” or “Customer”). This SLA applies separately to each account using Daemex Co. 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 Co. 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 Co. services available 99.9% of the time. In the event Daemex Co. 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.

 

2. DEFINITIONS

The following capitalized terms shall be given the meaning set forth below:

2.1 “Unavailable Time” means the Daemex Co. 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 Co. 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 Co. 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 Co., 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 Co. 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:

 

 CriticalSevereMediumMinor
Time to Respondwithin 2 hourswithin 4 hourswithin 8 hourswithin 1 day

 

4. RESOLUTION TIMES

In all cases, Daemex Co. 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 Co. is unable to provide guaranteed resolution times. This is because the nature and causes of problems can vary enormously.

 

 CriticalSevereMediumMinor
Time to FixASAP or up to 1 dayup to 3 dayswithin 1 weekwithin 2 weeks

 

5. CREDIT REQUEST AND PAYMENT PROCEDURES

For a calendar month where the Uptime Monthly Percentage, as identified by Monitoring Service, Daemex Co., 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:

 

PriorityMonthly Uptime PercentageService Credit
1<99.9%10%
2<99.5%25%
3<99%50%

Service Credit shall be issued to Customer’s Daemex Co. 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 Porta™ 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.

 

6. EXCLUSIONS

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 Co. 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 Co. or its direct hosting subcontractors (i.e beyond the point in the network where Daemex Co. maintains access and control over the Daemex Co. Services); (ii) result from any actions or inactions of Customer or any third-party (other than Daemex Co. 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 Co. direct control); or (iv) arise from Daemex Co. suspension and termination of Customer’s right to use the Daemex Co. Services in accordance with the TOS, (v) scheduled maintenance; or (vi) problems or issues related to alpha, beta or not otherwise generally available Daemex Co. 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 Co. Services or other failures by us to provide the Daemex Co. Services.

Service Level Agreement Version Date: December 23, 2019