Service Level Agreement
This Service Level Agreement (“SLA”) is a policy governing the use of Ideal Directories’ Business Website Directory Software (“Service”) under the Ideal Directories Terms of Service (the “Agreement”) between Ideal Directories, Inc. (“Ideal Directories”, “us” or “we”) and users of the Service (“you”). This SLA applies separately to each account using the Service. Unless otherwise provided herein, this SLA is subject to the terms of the Agreement and capitalized terms will have the meaning specified in the Agreement. We reserve the right to change the terms of this SLA in accordance with the Agreement.
Service Commitment
Ideal Directories will use commercially reasonable efforts to make the Service available with a Monthly Uptime Percentage (defined below) of at least 99.95%, during any monthly billing cycle (the “Service Commitment”). In the event Ideal Directories does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.
Definitions
Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments such as upfront payments) for the monthly billing cycle in which the Service Unavailability occurred in accordance with the schedule below.
Monthly Uptime Percentage - Less than 97% but equal to or greater than 95.0% Service Credit Percentage - 10%
Monthly Uptime Percentage - Less than 95.0% Service Credit Percentage - 30%
We will apply any Service Credits only against future payments otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment from Ideal Directories. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the Service is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
Credit Request and Payment Procedures
To receive a Service Credit, you must submit a claim by contacting us at help@idealdirectories.com. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:
1. the words “SLA Credit Request” in the subject line;
2. the dates and times of each Unavailability incident that you are claiming; and
3. your request logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).
If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.
Exclusions
The Service Commitment does not apply to any unavailability, suspension or termination of the Service, or any other Service performance issues: (i) that result from a suspension of your account or your right to use the Service, as provided for under the Agreement or the Acceptable Use Policy; (ii) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of the Service; (iii) that result from any actions or inactions of you or any third party, including failure to acknowledge a recovery volume; (iv) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); (v) that result from any maintenance as provided for pursuant to the Agreement; or (vi) that result from, are caused by or relate to any issue with your domain name server (DNS) or internet service provider (collectively, the “SLA Exclusions”).
Service Commitment
Ideal Directories will use commercially reasonable efforts to make the Service available with a Monthly Uptime Percentage (defined below) of at least 99.95%, during any monthly billing cycle (the “Service Commitment”). In the event Ideal Directories does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.
Definitions
- “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the Service, was in the state of “Service Unavailable.” Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA Exclusion (defined below).
- “Service Unavailable” and “Service Unavailability” mean that the Service or the Ideal Directories website, is “Unavailable” to you. For clarification purposes, the terms Service Unavailable and Service Unavailability do not include instances when portions or features of the Service or the Ideal Directories’ website is undergoing maintenance, is offline or is otherwise not accessible to you, provided that the core functionality of the Service and/or the Ideal Directories’ website, as determined by us, remains online and functional.
- “Unavailable” and “Unavailability” mean: when you have no external connectivity to the Service and/or Ideal Directories’ website.
- A “Service Credit” is a dollar credit, calculated as set forth below, that we may credit back to an eligible account.
Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments such as upfront payments) for the monthly billing cycle in which the Service Unavailability occurred in accordance with the schedule below.
Monthly Uptime Percentage - Less than 97% but equal to or greater than 95.0% Service Credit Percentage - 10%
Monthly Uptime Percentage - Less than 95.0% Service Credit Percentage - 30%
We will apply any Service Credits only against future payments otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment from Ideal Directories. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the Service is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
Credit Request and Payment Procedures
To receive a Service Credit, you must submit a claim by contacting us at help@idealdirectories.com. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:
1. the words “SLA Credit Request” in the subject line;
2. the dates and times of each Unavailability incident that you are claiming; and
3. your request logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).
If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.
Exclusions
The Service Commitment does not apply to any unavailability, suspension or termination of the Service, or any other Service performance issues: (i) that result from a suspension of your account or your right to use the Service, as provided for under the Agreement or the Acceptable Use Policy; (ii) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of the Service; (iii) that result from any actions or inactions of you or any third party, including failure to acknowledge a recovery volume; (iv) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); (v) that result from any maintenance as provided for pursuant to the Agreement; or (vi) that result from, are caused by or relate to any issue with your domain name server (DNS) or internet service provider (collectively, the “SLA Exclusions”).