Unless otherwise provided herein, this SLA is subject to the provisions of the Terms.
1. HopSkip Platform Service Commitment: 99.95% Uptime
HopSkip will use commercially reasonable efforts to make your HopSkip Platform Services running in Dedicated Environments available with an Annual Uptime Percentage of at least 99.95% during any annual billing cycle (the "Service Commitment"). Subject to the SLA Exclusions, if we do not meet the Service Commitment, you will be eligible to receive a Service Credit.
An Annual Uptime Percentage of 99.95% means that we guarantee you will experience no more than 4.38 hours/year of Unavailability.
"Maintenance" means scheduled Unavailability of the Platform Services, as announced by us prior to the Platform Services becoming Unavailable.
"Annual Uptime Percentage" is calculated by subtracting from 100% the percentage of minutes during the year in which the HopSkip Platform Services were Unavailable. Annual Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA Exclusion.
"Service Credit" means a credit denominated in US dollars, calculated as set forth below, that we may credit back to an eligible account.
"Unavailable" and "Unavailability" mean, for platform services and databases, when your service or database is not running or not reachable due to HopSkip's fault. This excludes (a) external services operated by you or your organization; and (b) commodity services including Domain Naming Services, Content Delivery Networks, Identity/Authentication services, or other services beyond HopSkip’s control.
3. Service Commitments and Service Credits
Service Credits are calculated as a percentage of the total charges due on your HopSkip invoice for the annual billing cycle in which the Unavailability occurred, applied proportionally to the Services that were Unavailable, in accordance with the schedule below:
For example, if HopSkip is Unavailable for 8 hours, you would be eligible for a Service Credit for 5% of your annual subscription fee.
We will apply any Service Credits only against future payments for the Services otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment from HopSkip. A Service Credit will be applicable and issued only if the credit amount for the applicable billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account.
4. Sole Remedy
Unless otherwise provided in the Terms, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
5. Credit Request and Payment Procedures
To receive a Service Credit, you must submit a claim by emailing support@HopSkip.com. To be eligible, the credit request must be received by us by the end of the billing cycle in which the incident occurred and must include:
If the Annual 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.
6. SLA Exclusions
The Service Commitment does not apply to any Unavailability:
If availability is impacted by factors other than those used in our Annual Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.