Company provides customer access to the platform twenty-four hours a day, seven days a week (24x7) with a Monthly Uptime Percentage (defined below) of at least 99.5%. “Monthly Uptime Percentage” will be calculated as follows: the number of minutes the Services are accessible and not suffering from a Service Outage as reported to Company by Customer during each calendar month, divided by the total number of minutes in the calendar month. If Customer fails to report a Service Outage within five (5) days of the occurrence of such Service Outage, Customer shall not be entitled to any Service Credit for such Service Outage. For purposes of this Agreement, “Service Outage” means any event that renders the Services unavailable to Customer, other than Scheduled Downtime or Excluded Downtime. A Monthly Uptime Percentage of 99.5% means that we guarantee you will experience no more than 3.65 hours per month of Service Outage.
In order to avoid intermittent and transient fluctuations, a downtime period may begin after observing one to seven consecutive minutes of downtime and end when services are restored. Furthermore, downtime must affect a significant number of requests or core functionality to qualify as a Service Outage.
Company may communicate via email or text message or status page, unless otherwise agreed upon in writing. Customer will provide contact names, email addresses, and phone numbers for Company to use for communication (the “Communication Protocol”).
Company reserves the right to perform regularly scheduled maintenance of the platform during non-core business hours. Non-core business hours are defined as 12:00am to 4:00am (Indian Standard Time Zone) (“Scheduled Downtime”). Company maintains a standing scheduled maintenance window of 3:00am-4:00am (Indian Standard Time Zone) every weekday morning. Company may schedule additional Scheduled Downtimes outside of the standing scheduled maintenance window by providing notification to Customer at least three business days in advance; this notification will be provided via the agreed upon Communication Protocol to designated support representatives. Additionally, any downtime caused by factors outside of Company’s reasonable control do not factor in to the Monthly Uptime Percentage calculation, including any force majeure event, Internet services availability outside of Company’s platform, any downtime resulting from outages of third party connections or utilities, and actions or inactions of the Customer (“Excluded Downtime”).
In support of the services covered by this SLA, Company will respond to service related incidents and requests originated through the Communication Protocol within the following time frames. Customer shall submit requests with the priority level specified; however, Company reserves the right to reasonably increase or decrease the priority level in its sole discretion. In accordance with the service commitment provided in this SLA, Company will use commercially reasonable efforts to resolve all requests promptly but cannot guarantee a time to resolution due to the inherent variability in effort and corresponding time required to resolve issues. Company will communicate resolution efforts with the Customer in a timely manner and consistent with the Communication Protocol.
If the Monthly Uptime Percentage fails to meet Company’s service commitment outlined above, the Customer will be eligible to receive a Service Credit, as outlined in the below table. This service level agreement and the Service Credits provided hereunder are the Customer’s sole and exclusive remedy for any Service Outage related to the Services. To receive a Service Credit, you must submit a claim by emailing support@konverse.ai. 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: the words “SLA Credit Request” in the subject line; the dates and times of each Unavailability incident that you are claiming; logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).
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.
