Service Level Agreement

Service Level Agreement. TVPage is hereby providing this Service Level Agreement (“SLA”), allowing for Service Credits in the event one or more webpages served by TVPage (the “Service”) is unavailable, falling under the parameters of this SLA.

  1. Service Credits
    1. “Service Credit” means the percentage of the monthly Service fees for the Service that is awarded to customer for a validated claim related to breach of the SLA during that month.
    2. Service Credits shall be credited by TVPage on a monthly basis and applied to the following month’s fees, or refunded on a monthly basis if customer has paid TVPage in advance for more than one month.
    3. Service Credits are as follows:
      10% < 99.9%
      25% < 99.0%
      50% < 98.0%
      Each percentage reflects the percentage of Service Availability per calendar month, during the term hereof, as defined in Section 1.4 below.
  2. SLA Claims
    1. Customer shall have the remedies under the SLA commencing upon thirty (30) days after the Effective Date of the Terms of Service.
    2. Customer shall notify TVPage via email to within ten (10) business days from date of incident it first believes entitles it to receive a remedy under the SLA set forth below.
    3. All claims are subject to validation by TVPage. TVPage will use log files, database records, audit logs, and any other information available to validate claims and make a good faith judgment on the applicability of this SLA to said incident. TVPage shall make information used to validate an SLA claim available for auditing by customer at customer’s request.
    4. The remedies set forth herein represent customer’s sole and exclusive remedy for TVPage’s breach of the SLA defined in this SLA.
  3. Exclusions. Customer shall not have any remedies under any SLA to the extent any SLA claim is due to: (i) use of the Service outside the scope described in the Customer Subscription Order Form, corresponding Statements of Work and Terms of Service; (ii) Customer Equipment and/or third party software, hardware or network infrastructure; (iii) the performance of the external internet beyond TVPage’s network; (iii) any function or content not loading or operating properly on a third-party webpage that is loaded by TVPage; (iv) electrical or internet/bandwidth access limitations or disruptions; (v) any actions or inactions of customer or any other third party not under the direct control of TVPage; (vi) attacks (i.e. hacks, denial of service attacks, malicious introduction of viruses and disabling devices) caused by third parties outside of TVPage’s servers; or (vii) a force majeure event, meaning an act of nature, war or political event that results in an impossibility for either side to perform its obligations under this SLA.
  4. Service Availability
    1. TVPage warrants at least 99.9% System Availability during each calendar month excluding Scheduled Maintenance. In the event the service is unavailable, TVPage will monitor and report to Customer the length and reason for any such downtime occurrence.
    2. “System Availability” means the percentage of total time during which the Service is available to customer, excluding Scheduled Maintenance and Emergency Maintenance.
    3. “Scheduled Maintenance” means the window during which scheduled maintenance of the Enterprise Cloud Service may be performed. The Scheduled Maintenance Window is between the hours of 11:00pm and 3:00am local time for the location(s) in which TVPage nodes are deployed. In the event TVPage expects the Scheduled Maintenance activity to result in the Service being unavailable to Customer, TVPage will provide Customer with a minimum of four (4) business days advance notification.
  5. Remedy. If the System Availability is less than 99.9%, and if the Customer has fulfilled all of its obligations under the Agreement and this SLA, TVPage will provide the Customer with a Service Credit for the month in which the failure to meet this SLA has occurred. The Service Credit will be calculated in accordance with Section 1.1.3 above.

Last Updated: October 23, 2017