Service Level Agreement
1. Availability Targets
For paid Customers of the Platform Service, Wisq will endeavor to maintain an Uptime commitment for the Platform Service of 99% of the time measured over each calendar quarter, excluding Scheduled Maintenance.
“Downtime” means the total amount of time in a calendar quarter that the Platform Service is unavailable to all Customer Authorized Users for reasons attributable to Wisq. Downtime excludes:
- Slowness or other performance issues with individual features while the Platform Service as a whole remains available;
- Issues that are related to external apps or third parties;
- Any offering or feature identified as prerelease, alpha, beta or similar;
- External network or equipment problems outside of Wisq’s reasonable control, including without limitation denial of service attacks
- Any lack of availability resulting from Customer’s breach of the Agreement or during any period in which Customer has not paid any amounts due or is otherwise in breach of the Agreement; and
- Scheduled Maintenance.
“Scheduled Maintenance” means a planned, defined, and scheduled period of time during which Wisq performs routine maintenance on the Platform Service. Wisq will endeavor to provide Customer at least one (1) business days prior written notice (email to suffice) of any Scheduled Maintenance, which notice will include the anticipated duration of the outage. Scheduled Maintenance will not exceed forty-eight (48) hours in the aggregate during any calendar year.
“Uptime” is the percentage of the time the Platform Service was available during a calendar quarter, calculated as follows: [(total minutes in quarter - Downtime) / total minutes in quarter] > 99%
2. Availability Targets
If the Platform Service Uptime is below 99% in any calendar quarter, we’ll apply a credit to each affected account equal to 3 times the amount that Customer paid forth the Platform Service during the Downtime in such calendar quarter (“Service Credits”).
Service Credits can only be applied toward amounts due to Wisq under the Agreement. Service Credits are not refunds, cannot be exchanged into a cash amount, are capped at a maximum of 30 days of subscription fees for the Platform Service, require you to have paid any outstanding invoices and expire upon termination of the Agreement. Service Credits are the sole and exclusive remedy for any failure by Wisq to meet its obligations under this SLA.
To receive a Service Credit, Customer must notify Wisq via email at within thirty (30) days following the end of the calendar quarter in which the unavailability/failures give rise to Service Credit eligibility.
The Service Credits above are Customer’s sole and exclusive remedy, and Wisq’s entire obligation, with respect to any violation of the service level commitments set forth herein.