This Service Level Agreement applies to the subscription contract made by and between Loystar Solutions (Service Provider) and the Customer (Customer). The Service Provider may modify this Service Level Agreement from time to time by posting such amended Service Level Agreement to Service Provider’s site, but will provide sixty (60) days advance notice to Customer before updating the benefits offered to Customer under this Service Level Agreement.
During the term of the contract, the Service Provider will use reasonable efforts to achieve a Monthly Uptime Percentage of at least 99.8% for any calendar month.
If Service Provider does not meet the Service Provider SLA, and so long as Customer’s account with us is current, Customer will be eligible to receive the benefits described below. These benefits are the Customer’s exclusive remedy for any failure by Service Provider to meet the Service Provider SLA. Service Provider and Customer hereby agree as follows:
1. Definitions. The following definitions applies.
“Downtime” means the time in which any service listed above is not capable of being accessed or used by the Customer, as monitored by Service Provider. “Monthly Uptime Percentage” means the total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month. “Exclusion from Downtime” The following are not counted as Downtime for the purpose of calculating Monthly Uptime Percentage:
Service unavailability caused by scheduled maintenance of the platform used to provide the applicable service (Service Provider will endeavour to provide seven days’ advance notice of service-affecting scheduled maintenance); or
Service unavailability caused by events outside of the direct control of Service Provider or its subcontractor(s), including any force majeure event, the failure or unavailability of Customer’s systems, the Internet, and the failure of any other technology or equipment used to connect to or access the service.
2. Third-Party Services
SMS Delivery – – Customers with DND (Do not Disturb) activated on their lines may experience delayed or failed delivery of messages for that reason or other reasons. While we have made provision to re-route failed messages via a hosted SIM and other channels, such failed messages may be resent with a generic sender ID or Number as determined by our service providers
Payment and Accounting Services – Service unavailability relating to 3rd Party POS, Payments and Accounting Software Services will be borne by these platforms.
Benefits are issued as compensation if Service Provider does not meet the Service Provider SLA for a particular month of the ordered term. Upon approval of a claim we will provide the applicable remedy set forth below:
|Monthly Uptime Percentage
|Less than 99.8%
|+ 1 Day to Subscription Period
|Less than 99.2%
|+ 3 Days to Subscription Period
|Less than 99.0%
|+ 5 Days to Subscription Period
|Less than 98.7%
|+ 1 Week to Subscription Period
4. Claim Procedure.
To receive a service compensation for a particular calendar month, Customer must submit a claim by email to the support team within 30 days of the end of the month during which the Service did not meet the Service Provider SLA, and include the following information:
Customer Business name and Registered Email, the name of the service/feature to which the claim relates,
information supporting each claim of Downtime, including date, time, and a description of the incident, all of which must fall within the calendar month for which you are submitting a claim, sent to firstname.lastname@example.org
Last Updated: May 20th 2019