Service Level Agreement for Enterprise Plan
1. General.
This Service Level Agreement (“SLA”) describes the uptime commitment as well as some other priority support features offered to CurbCutOS’s Enterprise Plan customers, who are current on their payment obligations.
All capitalized terms not otherwise defined in Section 9 to this SLA are as set forth in CurbCutOS’s Terms of Service or such other agreement governing the use of CurbCutOS’s Services, as applicable (“Agreement”).
2. Access to Customer Experience Services.
The Enterprise Plan includes access to customer experience services to assist with the Services deployment, adoption and utilization, consulting, as well as, sharing advice and guidance related to optimizing Customer’s use of the Services.
3. Support Channels.
The Enterprise Plan includes access to customer experience services to assist with the Services deployment, adoption and utilization, coThe following describes CurbCutOS’s available support channels:
3.1. Email Support. CurbCutOS support team can be contacted through the contact form available at CurbCutOS website or via the support email to support@curbcutos.com. Please make sure to contact us via your email registered with your Enterprise Account.
3.2. Self-Service Support. To assist you in your use of the Services you have access to training materials, tutorials, guides and articles on anything you need to know about the Services which are available on the CurbCutOS website or through the Help Center.
3.3. Additional Support Channels. CurbCutOS may from time to time offer additional support channels at such times and channels as determined by CurbCutOS in its sole discretion, which may include chatbot, live chat and/or call back support. nsulting, as well as, sharing advice and guidance related to optimizing Customer’s use of the Services.
4. Error Response Time.
4.1. Errors should be reported by Customer to CurbCutOS through any of the support channels listed above. CurbCutOS shall define the severity classification of the reported Error and shall respond to the Error according to the respective Response Time as follows:
4.2. For Critical Errors CurbCutOS shall work on a resolution 24/7 until such Error is resolved, and CurbCutOS shall send Customer a status report, the Sites, via the Services, by email and/or by any other method designated for such purpose.
4.3. CurbCutOS must be able to reproduce the reported Error in order to attempt to resolve it. Customer shall cooperate and work closely with CurbCutOS to reproduce the Error, including conducting diagnostic or troubleshooting activities as requested and appropriate. Also, subject to Customer’s approval on a case-by-case basis, Users may be asked to grant CurbCutOS with access to their Accounts, computers and/or network, for troubleshooting purposes.
5. Services Monthly Uptime.
5.1. The Core Services shall be available no less than 99.9% of the time, twenty-four (24) hours per day, seven (7) days per week (including holidays), measured on a calendar monthly basis; provided that the calculation of the Monthly Uptime shall not be impacted by the following events, which are not deemed events of Service Unavailability:
5.1.1. Where the Core Services were unavailable due to an incident which was not within the control of CurbCutOS, including unavailability caused by acts of God, acts of government, insurrection, war, riot, global health emergency, disease outbreak, explosion, nuclear incident, fire, flood, earthquake, global pandemic, unavailability of telecommunications and internet service due to general unavailability of telecommunication or internet service provider’s systems or other catastrophic event beyond the reasonable control of CurbCutOS.
5.1.2. The Core Services were unavailable due to planned maintenance, provided that CurbCutOS provides Customer at least three (3) days’ advance notice on the Sites, via the Services, and/or by sending Customer an email) that the Services shall be unavailable due to maintenance and/or upgrading.
5.1.3. The Core Service were unavailable due to (a) Customer’s and/or a third party’s software, network, links, products, services, widgets, apps, integrations, hardware or other equipment; (b) Customer’s or anyone on its behalf use of the Services in violation or in a manner not authorized in the Agreement; and/or (c) resulting from a Distributed Denial of Service (DDoS) attacks and/or any other unlawful activity.
5.1.4. A duration of up to forty five (45) consecutive minutes in which the Core Services were available in a Read-Only Mode (i.e. a Read-Only Mode longer than forty five (45) minutes will be regarded as Services Unavailability).
6. Service Unavailability Credits.
6.1. Solely to the extent Customer is not in breach of the Agreement, as a remedy for Service Unavailability, subject to the terms of this Section 6, CurbCutOS shall provide a Credit to Customer’s Account (or the applicable Reseller in the name of Customer where Customer purchased and paid for the Services through a Reseller) with the applicable Credit Percentage in accordance with the respective Monthly Uptime Percentage:
6.2. The Credit shall be calculated by multiplying the applicable Credit Percentage by the Fees payable by Customer to CurbCutOS for the Subscription to the respective Services for which the Service Unavailability event relates and for the respective month in which the Service Unavailability has occurred (e.g. 1/12 of the annual fees for annual Subscriptions to the Services). If Customer purchased and paid for the Services through a Reseller, then such monthly fees or annual fees calculations shall be based on the fees payable by the applicable Reseller to CurbCutOS.
6.3. CurbCutOS will apply a Credit only against Customer’s future payments obligations otherwise due from Customer under the Agreement (whether for the Fees or for any Upgrade). Where Customer purchases and pays for the Services through a Reseller, the Reseller shall be solely responsible for issuing the appropriate amounts to Customer against Customer’s future payment obligations. A Credit will not entitle Customer to any monetary refund by CurbCutOS. Credits may not be transferred or applied to any other accounts, products or services.
6.4. To receive a Credit, Customer’s Admin shall submit to CurbCutOS a detailed Credit request via support@curbcutos.com within ninety (90) days following the Service Unavailability incident. Customer’s failure to provide the request within the ninety (90) days period will disqualify Customer from receiving a Credit.
6.5. The aggregated maximum number of Credits to be issued by CurbCutOS to Customer in a single calendar month will not exceed 100% of the fees actually paid to CurbCutOS by Customer for the affected Services for the respective month (e.g. minus other credits or incentives applied to the respective Fees for the respective month).
7. Exclusive Remedies.
Notwithstanding anything elsewhere to the contrary, the award of Credits in accordance with Section 6 above (Service Unavailability Credits), and CurbCutOS’s actions in accordance with Section 4 above (Error Response Time), shall be Customer’s sole and exclusive remedies available for Customer for any failure by CurbCutOS to meet its obligations under this SLA and/or for any Errors in the Services.
8. Changes to this SLA.
CurbCutOS may modify this SLA at any time, provided that if CurbCutOS makes any changes that materially adversely decrease the level of service, then it shall notify Customer by posting an announcement on the Sites, via the Services and/or by sending Customer an email.
9. Definitions.
“Core Services” means the CurbCutOS Platform excluding without limitations: (a) the API; (b) add-ons, apps, widgets and/or Third Party Services integrated or otherwise interfaced with the Core Services, whether developed by CurbCutOS or by a third party; and (c) any products or features identified as trial, pre-release, pilot, alpha, beta or similar;
“Credit(s)” means the service level credit a Customer may receive in the event the Monthly Uptime Percentage falls below 99.9%, which shall be calculated in accordance with the Credit Percentage in the table set forth in Section 6.1;
“Credit Percentage” means the percentage which will be used to calculate the Credit, which is based on the Monthly Uptime Percentage, and is in accordance with the table in Section 6.1;
“Error” means any incorrect functioning of the Services that is reproducible, and which results in the failure of the Services to operate in full compliance with the functionalities set forth in the documentation;
“Monthly Uptime” means the total minutes in a given calendar month minus the Service Unavailability minutes;
“Monthly Uptime Percentage” means the Monthly Uptime divided by the total minutes in a given calendar month;
“Read-Only Mode” means a mode in which the Services is accessible and the Customer Data is displayed but cannot be edited or modified;
“Response Time” means the period between the time when the Error was reported in full, and the time when an initial acknowledgement was published on the Sites, via the Services and/or by sending Customer an email; and
“Services Unavailability” means the number of minutes in a given calendar month in which the Core Services were not available to Customer, excluding the exclusions set forth in Section 5.1, as measured according to CurbCutOS’s monitoring service as may be updated from time to time and published by sending Customer an email.