Target Uptime. If there is a Target Uptime, CloudContactAI will use commercially reasonable efforts to make the Cloud Service available for at least the Target Uptime as calculated each calendar month.
Calculating Uptime. CloudContactAI and Customer agree to calculate the availability of the Cloud Service as the total number of Available Minutes minus the number of Downtime Minutes, divided by the total number of Available Minutes, measured in a calendar month. If the Subscription Period includes a partial month, the numerator and denominator will only include the days that are part of the Subscription Period for that month.
Response Time
Target Response Time. If there is a Target Response Time, CloudContactAI will use commercially reasonable efforts to respond to support requests sent to the Support Channel, e.g. email or Slack, within the Target Response Time.
Calculating Response Time. CloudContactAI and Customer agree to calculate CloudContactAI’s response time as the total time between when Customer submits a support request to the Support Channel, e.g. email or Slack, and when CloudContactAI or CloudContactAI’s support representative specifically acknowledges the request. An automated response is not a specific acknowledgment for purposes of this SLA.
Remedies
Service Credit. If there is a Target Uptime and Cloud Service availability falls below the Target Uptime, the Customer is eligible to receive an Uptime Credit. If there is a Target Response Time and neither CloudContactAI nor CloudContactAI’s support representative acknowledges a support request submitted to the Support Channel within the Target Response Time, the Customer is eligible to receive a Response Time Credit. Service Credits only apply towards future Cloud Service Fees owed by Customer to CloudContactAI.
Requesting A Service Credit. To receive a Service Credit, the Customer must notify CloudContactAI within 7 days of the end of the month in which the Customer believes the Service Credit was earned, otherwise, Service Credit eligibility will expire for that month.
For Uptime Credit, the Customer must include information about when it was unable to access the Cloud Service. Customers may be required to provide additional details about their attempts to access the Cloud Service. If CloudContactAI can verify Cloud Service unavailability in its internal monitoring systems and the disruption does not qualify as Excluded Minutes or Scheduled Downtime, CloudContactAI will calculate and issue the applicable Uptime Credit on the Customer’s account to apply towards a future invoice.
For Response Time Credit, the Customer must include information about when and how the Customer contacted CloudContactAI. Customers may be required to provide additional details about the related incident and its attempts to receive support. If CloudContactAI can verify neither CloudContactAI nor CloudContactAI’s support representative responded to the Customer’s support request within the Target Response Time, CloudContactAI will calculate and issue the applicable Response Time Credit on the Customer’s account to apply towards a future invoice.
Service Credit Limitations. Service Credits may not be exchanged for, or converted to, monetary amounts. Service Credits do not earn interest. Service Credits will not accumulate within a single Subscription Period in an amount of more than 8% of Cloud Service Fees for that Subscription Period. Service Credits expire when the applicable Order Form ends.
Termination. If the Cloud Service does not meet the Target Uptime for two (2) out of any three (3) consecutive months and the Customer notified CloudContactAI of the failures within 7 days of the end of each impacted month, the Customer may immediately terminate the affected Order Form by giving written notice to CloudContactAI. If the Customer terminates an Order Form under this section, CloudContactAI will pay to Customer a prorated refund of prepaid fees for the remainder of the Subscription Period.
Exclusive Remedy. This SLA describes the Customer’s exclusive remedy and CloudContactAI’s entire liability for any failure of the Cloud Service to meet the Target Uptime and for any inability to meet the Target Response Time.
Definitions
“Available Minutes” means the total number of minutes in a calendar month, minus Excluded Minutes and Scheduled Downtime.
“Downtime Minutes” means the total number of minutes in a calendar month when the Cloud Service is not available to the Customer, as confirmed by CloudContactAI’s internal monitoring systems, minus Excluded Minutes and Scheduled Downtime.
“Excluded Minutes” means when the Cloud Service is not available because of (a) a Force Majeure Event; (b) general Internet connectivity issues; (c) equipment or software made available by anyone other than CloudCotnactAI and that is not within CloudContactAI’s reasonable control; or (d) Customer’s use of the Cloud Service in a manner not authorized by the Agreement.
“Service Credit” means the accrued Uptime Credit plus the accrued Response Time Credit.
“SLA” means these SLA Standard Terms as incorporated into the applicable Order Form.
Cloud Contact AI Guide
Cloud Contact AI offers an all-in one communication platform to enable you to manage your contacts and collect payments online through SMS, Voice, Email, and Web Forms.
