This WinsurTech REST APIs Service Level Agreement (this “SLA”) is a policy governing the use of the Included Services (listed below) and applies separately to each account using the Included Services.
WinsurTech will use commercially reasonable efforts to make the Included Services available with a Monthly Uptime Percentage of at least 99.99%, in each case during any monthly billing cycle (the “Service Commitment”). In the event any of the Included Services do not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.
Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments such as upfront payments made for custom work or special needs) for the individual Included Service in the affected APIs for the monthly billing cycle in which the Unavailability occurred in accordance with the schedule below.
|Monthly Uptime Percentage||Service Credit Percentage|
|Less than 99.99% but equal to or greater than 98.5%||10%|
|Less than 98.5% but equal to or greater than 95.0%||30%|
|Less than 95.0%||100%|
We will apply for any Service Credits only against future payments for the applicable Included Service otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred or by adjusting within the next billing amount to be paid by you. Service Credits will not entitle you to any refund or other payment from WinsurTech. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account.
To receive a Service Credit, you must submit a claim by opening a case by sending an email to firstname.lastname@example.org. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:
If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit. Unless otherwise provided in the Agreement, this SLA sets forth your sole and exclusive remedies, and WinsurTech’s sole and exclusive obligations, for any unavailability, non-performance, or other failures by us to provide the Included Services.
The Service Commitment does not apply to any unavailability, suspension, or termination of an Included Service, or any other Included Service’s performance issues: (i) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of the applicable Included Service; (ii) that result from any actions or inactions of you or any third party, including failure to acknowledge a recovery volume; (iii) that result from your equipment, software or other technology and/or third-party equipment, software or other technology (other than third party equipment within our direct control); or (iv) arising from our suspension or termination of your right to use the applicable Included Service in accordance with the Agreement (collectively, the “WinsurTech Compute SLA Exclusions”). If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.
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