Effective Date: December 1, 2017
This Service Level Agreement ("SLA") is a policy governing the use of FilePreviews under the terms of the FilePreviews Terms of Service (the "FilePreviews Agreement") between FilePreviews ("us" or "we") and users of FilePreviews' services ("you"). This SLA applies separately to each account using FilePreviews. Unless otherwise provided herein, this SLA is subject to the terms of the FilePreviews Agreement and capitalized terms will have the meaning specified in the FilePreviews Agreement. We reserve the right to change the terms of this SLA in accordance with the FilePreviews Agreement.
FilePreviews will use commercially reasonable efforts to provide service availability of 99.9% ("Service Availability"), calculated on a calendar month basis. The Service Availability will be calculated as follows: [Total number of minutes Service is available in a calendar month DIVIDED BY (Total number of minutes in a calendar month LESS Excused Downtime)].
Customer will receive a credit of five percent (5%) of Customer’s monthly fee for each hour in which we fail to meet the Service Availability for such month ("SLA Credits"). We will apply any SLA Credits only against future FilePreviews payments otherwise due from you. SLA Credits will not entitle you to any refund or other payment from FilePreviews. An SLA Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). SLA Credits may not be transferred or applied to any other account. Your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide FilePReviews service is the receipt of a SLA Credit (if eligible) in accordance with the terms of this SLA.
In order to receive SLA Credits, Customer must make a request in writing to FilePreviews by sending a message to [email protected] within 30 days of the event giving rise to such SLA Credits. SLA Credits are based on our monitoring, may not exceed the total amount of recurring fees Customer has paid to us for the month in which we failed to meet the Service Availability, are forfeited at the expiration or termination of the Agreement, may not be aggregated, and will not be paid in cash.
"Excused Downtime" means:
Monday through Sunday - 10:00pm to 4:00am EST
Last updated: December 1, 2017