This Service Level Agreement only applies if Customer has purchased access to the Cloud Service (“Service”):
This Service Level Agreement forms a part of DSP’s Agreement Terms. Capitalized terms not defined in this SLA shall have the meaning set forth in the Agreement and in DSP’s Documentation, as applicable.
DSP will: (i) provide Customer with 99% availability to the Service (the “Service Availability”); (ii) use reasonable commercial efforts to maintain the security and integrity of the Service; and (iii) provide telephone and email support for the Service to Customer from 8 a.m. – 6 p.m. Eastern Standard Time, during Business Days and Excluding Federal Holidays as defined by the Federal Reserve. The Service Availability will be measured on a monthly basis, with all hours weighted equally, but the Service Availability measurement will exclude reasonable scheduled downtime for system maintenance as well as any downtime resulting from outages of third party connections or utilities or other reasons beyond DSP’s control (including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving DSP employees), computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems not within DSP’s possession or reasonable control, and denial of service attacks).
If the Service is unavailable to Customer due to defects with the Service beyond the 99% monthly availability metric, then, as Customer’s sole and exclusive remedy (and DSP’s sole liability), DSP will provide Customer a credit for the subsequent Service billing cycle as follows:
|97% – 98.5%
|95% - 97%
In order to receive downtime credit, Customer must notify DSP within seventy-two (72) hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit. All credits provided hereunder are nonrefundable. If Customer elects not to renew Customer’s subscription to the Service, such that the above credit cannot be applied, Customer will have the option to receive up to one free month of Service as its sole remedy in lieu of such credit.
Should Customer report a purported defect in the Service to DSP within the required time period, DSP may request that Customer provide DSP with the following information:
Customer acknowledges and agrees that Customer’s failure to provide such information upon DSP’s request may prevent DSP from identifying and remedying the reported defect.