Effective Date: June 08, 2018
Service Level Commitment
We commit to provide 99.9% uptime with respect to your Services during each calendar month, excluding regularly scheduled maintenance times. The uptime will be measured monthly.
If in any calendar month, this uptime commitment is not met, and you were negatively impacted, i.e. attempted to log into or access the Services and failed due to the unscheduled downtime, we shall provide, as the sole and exclusive remedy, a service credit equal to 5% of one month’s fee for the user of the Services for each hour or part of hour of unscheduled downtime, aggregated up to a maximum of 20% of one month’s fee.
Scheduled and Unscheduled Maintenance
Regularly scheduled maintenance time does not count as downtime. Maintenance time is regularly scheduled if it is communicated in accordance with the notice section set forth below at least two full business days in advance of the maintenance time. Regularly scheduled maintenance time typically is communicated at least a week in advance, scheduled to occur at night on the weekend, and takes less than 10-15 hours each quarter. We hereby provide notice that every Saturday night 10:00pm – 10:20pm Eastern Standard Time is reserved for routine scheduled maintenance for use as needed.
We, in our sole discretion, may take the Services down for unscheduled maintenance and in that event, will attempt to notify you in advance in accordance with the notice section set forth below. Such unscheduled maintenance will be counted against the uptime commitment.
In order to receive a credit under this Service Level Commitment, you must request it by emailing us at email@example.com, within five (5) days of the end of the applicable month. If you submit a credit request and do not receive a prompt automated response indicating that the request was received, you must resubmit the request because the submission was not properly received and will not result in a credit. If your account is past due or you are in default with respect to any payment or any material contractual obligations to us, you are not eligible for any credit under this Service Level Commitment. The service credit is valid for up to two years from the month for which the credit was issued. We shall calculate any Services downtime using Company’s system logs and other records.
This Service Level Commitment may be amended by us, in our sole discretion but only after providing thirty (30) days notice. Notices will be sufficient if provided to a user designated as an administrator of your Account either: (a) as a note on the screen presented immediately after completion of the log in authentication credentials at the log in screen, or (b) by email to the registered email address provided for the administrator(s).
Exclusion of Sandbox, Beta Accounts, and Test Environments
Kloudville Sandbox, Beta Accounts, and other test environments are expressly excluded from this or any other Service Level Commitment.
Credit Card Processing Services
In the event we provide credit card processing to you – you hereby agree that you will indemnify, defend, and hold us harmless (including but not limited to Kloudville and any processors’ employees, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable legal fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a cardholder that arises out of or relates to: (a) any actual or alleged breach or any violation of any information provided by cardholder; (b) any wrongful or improper storage of cardholder information by you; and (c) any cardholder’s access and/or use of credit card with cardholder’s unique username, password or other appropriate security code. We acknowledge that while cardholder information is in our possession we are responsible for security of such cardholder data and any ensuing storage, processing or transmitting activity on your behalf and would, to that extent only, be responsible for and store and secure such cardholder information under normal industry standards.