Service Agreements (SLA)

Service Level Agreements (SLA) for Parmonic Web App

We guarantee that Parmonic Web App running in a customer subscription will be available 99.9% of the time. No SLA is provided for Parmonic Apps under either the Demo or Trial tiers.

Introduction

This Service Level Agreement for Parmonic Web App (this “SLA”) is a part of your Parmonic licensing agreement (the “Agreement”).  This SLA applies to the Parmonic Web App listed herein (a “Service” or the “Services”) but does not apply to separately branded services made available with or connected to the Services.

If we do not achieve and maintain the Service Levels for each Service as described in this SLA, then you may be eligible for a credit towards a portion of your service fees. We will not modify the terms of your SLA during the initial term of your subscription; however, if you renew your subscription, the version of this SLA that is current at the time of renewal will apply throughout your renewal term. We will provide at least 90 days’ notice for adverse material changes to this SLA.

General Terms

Definitions

"Downtime" is defined for each Service in the Services Specific Terms below.

"Error Code" means an indication that an operation has failed, such as an HTTP status code in the 5xx range.

"External Connectivity" is bi-directional network traffic over supported protocols such as HTTP and HTTPS that can be sent and received from a public IP address.

"Incident" means (i) any single event, or (ii) any set of events, that result in Downtime.

"Management Portal" means the web interface, provided by Parmonic, through which customers may manage the Service.

"Service Credit" is the percentage of the Applicable Service Fees credited to you following Parmonic’s claim approval.

"Service Level" means the performance metric(s) set forth in this SLA that Parmonic agrees to meet in the delivery of the Services.

"Service Resource" means an individual resource available for use within a Service.

"Success Code" means an indication that an operation has succeeded, such as an HTTP status code in the 2xx range.

"Support Window" refers to the period of time during which a Service feature or compatibility with a separate product or service is supported.

Claims

In order for Parmonic to consider a claim, you must submit the claim to customer support at Salesting Corporation including all information necessary for Parmonic to validate the claim, including but not limited to: (i) a detailed description of the Incident; (ii) information regarding the time and duration of the Downtime; (iii) the number and location(s) of affected users (if applicable); and (iv) descriptions of your attempts to resolve the Incident at the time of occurrence.

We will evaluate all information reasonably available to us and make a good faith determination of whether a Service Credit is owed. We will use commercially reasonable efforts to process claims during the subsequent month and within forty-five (45) days of receipt. You must be in compliance with the Agreement in order to be eligible for a Service Credit. If we determine that a Service Credit is owed to you, we will apply the Service Credit to your Applicable Service Fees.

Service Credits

Service Credits are your sole and exclusive remedy for any performance or availability issues for any Service under the Agreement and this SLA. You may not unilaterally offset your Applicable Service Fees for any performance or availability issues.

Service Credits apply only to fees paid for the particular Service, Service Resource, or Service tier for which a Service Level has not been met.

Limitations

This SLA and any applicable Service Levels do not apply to any performance or availability issues:

• Due to factors outside our reasonable control (for example, natural disaster, war, acts of terrorism, riots, government action, or a network or device failure external to our data centers, including at your site or between your site and our data center);
• That result from the use of services, hardware, or software not provided by us, including, but not limited to, issues resulting from inadequate bandwidth or related to third-party software or services;
• Caused by your use of a Service after we advised you to modify your use of the Service, if you did not modify your use as advised;
• During or with respect to preview, pre-release, beta or trial versions of a Service, feature or software (as determined by us) or to purchases made using Parmonic subscription credits;
• That result from your unauthorized action or lack of action when required, or from your employees, agents, contractors, or vendors, or anyone gaining access to our network by means of your passwords or equipment, or otherwise resulting from your failure to follow appropriate security practices;
• That result from your failure to adhere to any required configurations, use supported platforms, follow any policies for acceptable use, or your use of the Service in a manner inconsistent with the features and functionality of the Service (for example, attempts to perform operations that are not supported) or inconsistent with our published guidance;
• That result from faulty input, instructions, or arguments (for example, requests to access files that do not exist);
• That result from your attempts to perform operations that exceed prescribed quotas or that resulted from our throttling of suspected abusive behavior;
• Due to your use of Service features that are outside of associated Support Windows
• For licenses reserved, but not paid for, at the time of the Incident.

SLA Details

Additional Definitions

“Maximum Available Minutes” is the sum of all Minutes during a month.

Downtime: A minute is considered unavailable for the App when there is no connectivity between the App and Parmonic’s Internet gateway.

Monthly Uptime Percentage: The Monthly Uptime Percentage is calculated using the following formula:

Monthly Uptime % = (Maximum Available Minutes-Downtime)/(Maximum Available Minutes) x 100

Service Credit