Service Level Agreement
Last updated April 7, 2014
Effective April 7, 2014
This Screenleap API Service Level Agreement ("SLA") is a policy governing the use of the Screenleap API under the Terms of Service ("Terms") between Screenleap, Inc. ("Screenleap", "us" or "we") and users of the Screenleap API ("you"). This SLA applies separately to each account using the Screenleap API. Unless otherwise provided herein, this SLA is subject to the terms of the Screenleap Terms and capitalized terms will have the meaning specified in the Screenleap Terms. We reserve the right to change the terms of this SLA in accordance with the Screenleap Terms.
Service Commitment
Screenleap will use commercially reasonable efforts to make the Screenleap's API available with an Annual Uptime Percentage (defined below) of at least 99% during the Service Year. In the event Screenleap does not meet the Annual Uptime Percentage commitment, you will be eligible to receive a Service Credit as described below.
Definitions
- "Service Year" is the preceding 365 days from the date of an SLA claim.
- "Annual Uptime Percentage" is calculated by subtracting from 100% the percentage of 5 minute periods during the Service Year in which the Screenleap API was in the state of "Unavailable" If you have been using the Screenleap API for less than 365 days, your Service Year is still the preceding 365 days but any days prior to your use of the service will be deemed to have had 100% availability. Any downtime occurring prior to a successful Service Credit claim cannot be used for future claims. Annual Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Screenleap API SLA Exclusion (defined below).
- "Unavailable" means that none of your in-progress share sessions have connectivity during a five minute period and you are unable to create new share sessions.
- The "Eligible Credit Period" is a single month, and refers to the monthly billing cycle in which the most recent Unavailable event included in the SLA claim occurred.
- A "Service Credit" is a dollar credit, calculated as set forth below, that we may credit back to an eligible Screenleap API account.
Service Commitments and Service Credits
If the Annual Uptime Percentage for a customer drops below 99% for the Service Year, that customer is eligible to receive a Service Credit equal to 10% of their bill (excluding one-time payments) for the Eligible Credit Period. To file a claim, a customer does not have to have wait 365 days from the day they started using the service or 365 days from their last successful claim. A customer can file a claim any time their Annual Uptime Percentage over the trailing 365 days drops below 99%.
We will apply any Service Credits only against future Screenleap API payments otherwise due from you; provided that, we may issue the Service Credit to the credit card that you used to pay for the Screenleap API for the billing cycle in which the error occurred. Service Credits shall not entitle you to any refund or other payment from Screenleap. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Screenleap Terms, your sole and exclusive remedy for any unavailability or non-performance of the Screenleap API or other failure by us to provide the Screenleap API is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA or termination of your use of the Screenleap API.
Credit Request and Payment Procedure
To receive a Service Credit, you must submit a request by submitting a support request. To be eligible, the credit request must (i) include your Screenleap API account ID; (ii) include the dates and times of each incident of Unavailable that you claim to have experienced during the time of each incident; and (iii) be received by us within thirty (30) business days of the last reported incident in the SLA claim. If the Annual Uptime Percentage of such request is confirmed by us and is less than 99% for the Service Year, then we will issue the Service Credit to you within one billing cycle following the month in which the request occurred. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.
Screenleap API SLA Exclusions
The Service Commitment does not apply to any unavailability, suspension or termination of the Screenleap API, or any other Screenleap API performance issues: (i) are caused by factors outside of Screenleap's reasonable control, including, without limitation, any force majeure event, carrier related problems or issues, or Internet access or related problems beyond the demarcation point of the Screenleap Services or its direct hosting subcontractors (i.e., beyond the point in the network where Screenleap maintains access and control over the Screenleap Services); (ii) result from any actions or inactions of you or any third party (other than Screenleap's direct hosting subcontractor); (iii) result from Applications, equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within Screenleap's direct control); or (iv) arise from Screenleap's suspension and termination of Customer's right to use the Screenleap's Services in accordance with the Screenleap Terms (collectively, the "Screenleap API SLA Exclusions"), (v) scheduled maintenance; or (vi) problems or issues related to alpha, beta or not otherwise generally available Screenleap features or products.
Sole Remedy
Service Credits shall be your sole and exclusive remedy for any unavailability or non-performance of the Screenleap Services or other failure by us to provide the Screenleap Services.
