1.1 RoundTrip warrants at least 98.95% System Availability during each calendar month excluding Scheduled Maintenance Window and Emergency Maintenance.
1.2 Definitions. Except as otherwise modified or defined herein, all capitalized terms in this SLA have the same meanings as set forth in the Services Agreement executed by the parties (collectively, “Agreement”). For the purposes of this SLA, the following definitions will apply:
1.2.1 “Emergency Maintenance” means downtime of the Production Service outside of Scheduled Maintenance Window hours that is required to complete the application of urgent patches or fixes, or undertake other urgent maintenance activities. If Emergency Maintenance is required RoundTrip will promptly contact Client and provide the expected start time and the expected duration of the Emergency Maintenance, and if RoundTrip expects the Production Service to be completely unavailable during the Emergency Maintenance.
1.2.2 “Scheduled Maintenance Window” means the window during which scheduled maintenance of the Production Service may be performed. The Scheduled Maintenance Window between the hours of 11:00pm and 3:00am EST. In the event RoundTrip expects the Scheduled Maintenance Window activity to result in the Production Service being unavailable to Client, RoundTrip will provide Client with a minimum of two (2) business days advanced notification.
1.2.3 “System Availability” means the percentage of total time during which the Production Service is available to Client, excluding Scheduled Downtime and Emergency Maintenance.
1.3 Remedy. If the System Availability is less than 98.95% and if Client has fulfilled all of its obligations under the Agreement and this SLA, RoundTrip will provide Client with a Service Credit for the month in which the failure to meet this SLA has occurred. The Service Credit will be calculated in accordance with the below:
For Monthly System Availability less than 98.95% but equal to or greater than 98.0%, you will be eligible for a 10% Service Credit
For Monthly System Availability less than 98.0%, you will be eligible for a 20% Service Credit.
If Client submits one or more validated SLA claims under this SLA in each of the three (3) consecutive
calendar months or if Client submits three or more validated SLA claims under this SLA in any period of thirty (30) consecutive days, Client may terminate the Agreement upon thirty (30) days written notice.
1.3.1 Response Time. RoundTrip’s operating hours are from 9am-5pm Monday through Friday Eastern Time excluding US holidays. Available user support for application usage will be available during this time. In the event of service interruption during this time frame, all items will be resolved within 24 hours of when the RoundTrip Technology Infrastructure team is notified of the interruption.
1.3.4 Problem Resolution Response Time. The following categories indicates how the RoundTrip Information Technology team will determine how to categorize each issue or service interruption:
2.1 Service Credits
2.1.1 “Service Credit” is the percentage of the monthly Production Service Fees for the Production Service that
is awarded to the Client for a validated claim related to breach of the SLA during that month
2.1.2 In any given month Client shall in no event be entitled to receive a credit that exceeds 100% of its monthly
Production Service Fee for the Production Service
2.1.3 Service Credits shall be credited by RoundTrip on a monthly basis and applied to the following month’s
fees or refunded on a monthly basis if Client has paid RoundTrip in advance for more than one month. In no event shall the Service Credits exceed the fees due for the following month (or if prepaid for more than one month, 1/the number of months paid for in advance)
2.2 SLA Claims
2.2.1 Client shall have the remedies under the SLA commencing upon thirty (30) days after the Effective date of
2.2.2 Client must notify RoundTrip via email to firstname.lastname@example.org within five (5) business days from date of incident it first believes entitles it to receive a remedy under the SLA set forth below.
2.2.3 For all claims subject to validation by RoundTrip, RoundTrip will use log files, database records, audit logs, and other information available to validate claims and make a good faith judgement on the applicability of SLAs to said incident. RoundTrip shall make information used to validate a SLA claim available for auditing by Client at Client’s request and cost.
2.2.4 RoundTrip shall not alter auditing logs or audited time stamps or events.
2.2.5 The remedies set forth herein represent Client’s sole and exclusive remedy for RoundTrip’s breach of the
SLA defined in this SLA.
2.3.1 Client shall not have any remedies under any SLA in connection with any Force Majeure Event as defined
in the Agreement.
2.3.2 Client shall not have any remedies under any SLA to the extent any SLA claim is due to:
Use of the Production Service outside the scope described in the Agreement and the Documentation; Client Equipment and/or third party software, hardware or network infrastructure outside of RoundTrip’s data center and not under the direct control of RoundTrip;
Failure of Client to meet the configuration requirements for Client Equipment set forth in the Documentation;
Failure of the external internet beyond RoundTrip’s network;
Electrical or internet access disruptions;
Any actions or inactions of Client or any other third party not under the direct control of RoundTrip
Attacks (i.e. hacks, denial of service attacks, malicious introduction of viruses and disabling devices) caused by third parties.