Last updated: October 8, 2021
2. The following sections provide relevant details on Services availability and other related Service Level parameters.
The Company acknowledges that any failure to meet a Service Level may have a material adverse impact on your business and operations and that it shall entitle you to the rights set out below, including the right to any Service Credits (as defined below).
3. Uptime Guarantee:
3.1. STAPE, INC. (“Company”) shall at all times during the term of the Terms provide the Services to meet or exceed the Service Level Performance Measure for each Service Level Performance Criterion, as defined herein.
|Service Level Performance Criterion||Key Indicator||Service Level Performance Standard||Service Level Threshold||Service Credit for each Service Period|
|Availability of the Services||Availability, can be viewed at the Status Page||99.8%||98%||1% Service Credit for each percentage under the specified Service Level Threshold|
3.2. The Company shall not be responsible for the unavailability that occurs through no fault of the Company.
3.3. If the performance drops below the Service Level Threshold, you shall be entitled to a Service Credit equal to 1% of the Fee gained for each percentage under the specified Service Level Performance Measure. For the purposes of these Service Level Agreement, “Service Credit” shall mean the discount that you are entitled to for any subsequent month of using the Services.
3.4. The Service Credit will not exceed 10% of the total Fee payable for that calendar month. The Company acknowledges and agrees that this credit reflects only a reduction in price to reflect the reduced value of the Services and is not liquidated damages. Accordingly, such credits are not an exclusive remedy and shall be in addition to any other remedies available to you.
3.5. As the Fees are paid in advance, the Service Credits are exercised through the deduction of an applicable discount for that month from the payment of the Fee for the next month.
4. Support Availability:
4.1. The Company shall provide Service Desk support via customer support on the Website: 8:00 A.M. to 6:00 P.M. (UTC) Monday – Friday, excluding public holidays in Ukraine and the State of Delaware.
4.2. Messages received outside of indicated office hours will be collected, however, no action can be guaranteed until the next working day.
5.1. The Company will respond to support requests, Service-related incidents and/or other requests submitted by you within the following time frames:
If the urgency of the request is not specified, it shall be treated as a Low priority request.
5.2. Remote assistance will be provided in-line with the above timescales dependent on the priority of the support request. The timeframes apply, unless the issue is to be fixed on the side of the third-party vendor.
6. Performance Monitoring
6.1. The Company shall implement all measurement and monitoring tools and procedures necessary to measure, monitor and report on the Company’s performance of the provision of the Services against the applicable Service Levels at a level of detail sufficient to verify compliance with the Service Levels.
6.2. The Company shall immediately notify you in writing if the level of performance by the Company of any element of the Services provision during the term of the Terms is likely to or fails to meet any Service Level Performance Measure.
7. Scheduled Downtime:
7.1. “Scheduled Downtime” means a time period of unavailability of the Software. The Company is entitled to set Scheduled Downtime, which will not count to Service Level metrics, provided that it meets all the following: (a) the Company notified the Customer by at least five (5) days’ prior notice; (b) Scheduled Downtime lasts no longer than three (3) hours; (c) Scheduled Downtime is scheduled between the hours of 10:00 p.m. and 5:00 a.m., time in the State of Delaware; and (d) Scheduled Downtime occurs no more frequently than once per month. The Customer may approve in writing subsequent extensions or exceptions with regard to Scheduled Downtime in its sole discretion.
7.2. The Company shall notify the Customer of any unscheduled downtime that is necessary for procuring the dull operation of the Software as soon as practicable after discovering the need for maintenance that is to cause such downtime.