EngageApps Service Level Schedule
The EngageApps Service will be available 100% of the time, as measured by EngageApps over each calendar quarter of the Subscription Term, and subject to the exclusions set forth below. The EngageApps Service is considered available if the Customer is able to login to its EngageApps Service and initiate a search and/or transaction using EngageApps.
Service Level Credit:
Credits will be determined on a case by case basis based on the extent and/or length of the service outage. Clients may claim a credit up to a maximum credit per calendar quarter equal to one month's EngageApps Service subscription fees.
A Customer will not be entitled to a service credit if it is in breach of its Agreement with EngageApps, including payment obligations. The Service Level commitment does not apply to any downtime, suspension or termination of the EngageApps Service (or any application operating on the EngageApps Service) that results from:
- Account suspension or termination due to Customer's breach of the Agreement.
- Routine scheduled maintenance.
- Unscheduled, emergency maintenance or an emergency caused by factors outside EngageApps's reasonable control, including force majeure events such as acts of God, acts of government, flood, fire, earthquake, civil unrest, acts of terror, Customer Content, Third Party Content or Internet Service Provider failures or delays.
- A Customer's equipment, software or other technology, or third-party equipment, software or technology (other than those which are under EngageApps's control).
- Failures resulting from software or technology for which EngageApps is not responsible under the Agreement.
No SLA commitment is provided for free, proof-of-concept or unpaid trial services.
Service Credit Claims.
To receive a service credit, a Client must file a claim for such credit within five (5) days following the end of the calendar quarter in which the Service Level Commitment was not met, by contacting EngageApps at support@EngageApps.io with a complete description of the downtime, how the Customer was adversely affected, and for how long. EngageApps reserves the right to deny the service credit if the Customer does not qualify.
The service credit remedy set forth in this Service Level Schedule is the Client’s sole and exclusive remedy for the unavailability of the EngageApps Service.