Availability: the availability of the connection between the equipment used to deliver TextRazor and the Internet, and Available shall have a corresponding meaning.
Commercially Reasonable Efforts: the same degree of priority and diligence with which TextRazor meets the support needs of its other similar customers.
Customer: a person holding a current Paid Subscription which stated on www.textrazor.com to include the benefits of this Cloud SLA.
Customer Cause: any of the following causes:
During the Subscription Term TextRazor shall perform the Support Services during the Support Hours in accordance with the Service Levels. As part of the Support Services, TextRazor shall:
TextRazor may reasonably determine that any services are Out-of-scope Services. If TextRazor makes any such determination, it shall promptly notify the Customer of that determination.
The Customer acknowledges that TextRazor is not obliged to provide Out-of-scope Services.
For the avoidance of doubt, statistical errors resulting from an incorrect classification from the algorithms used to provide TextRazor do not constitute a failure of TextRazor to operate in accordance with the Documentation and are not a ‘Fault’ for the purposes of this SLA.
The Customer may only request Support Services by way of a Support Request. Each Support Request shall include a description of the problem and the start time of the incident.
The Customer shall provide TextRazor with:
All Support Services shall be provided from TextRazor's offices.
The Service shall be Available as follows:
Availability % = ((A − B) / A) *100
Where: A= the number of minutes during the month less scheduled downtime for maintenance purposes that is agreed with Customer in advance. B = the number of minutes during the month when TextRazor are not Available (other than during scheduled downtime for maintenance purposes).
The performance standard that shall be achieved by TextRazor in the relevant month for the Service Level to be achieved shall be greater than, or equal to, 99.5%.
If TextRazor fails to meet a Service Level related to Availability, the Customer shall become entitled to the Service Credit set out below, provided that the relevant Fault or other problem relating to TextRazor:
Where Availability is between 95% and 99.5% - An amount equal to 10% of the-then current monthly Subscription Fee.
Where Availability is between 90% and 95% - An amount equal to 25% of the-then current monthly Subscription Fee.
Where Availability is less than 90% - An amount equal to 50% of the-then current monthly Subscription Fee.
The parties acknowledge that each Service Credit is a genuine pre-estimate of the loss likely to be suffered by the Customer and not a penalty. The provision of a Service Credit shall be an exclusive remedy for any Service Level failure.
If a Solution is not provided within the relevant Service Level response time, the Customer may escalate the Support Request to the Customer’s manager and Toby Crayston, Director of TextRazor Ltd:
Toby Crayston – email@example.com