Service Level Agreement

This HopSkip Service Level Agreement ("SLA") between HopSkip, Inc. ("HopSkip", "us" or "we") and users of the HopSkip Services ("you") governs the use of the HopSkip Platform Services under the provisions of the HopSkip Terms of Use (the "Terms").

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.

2. Definitions

"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 Annual Uptime Percentage less than 99.95% but equal to or greater than 99.5%, you will be eligible for a Service Credit of 5% of your subscription fee (between 4.38 hours/year and 1.83 days/year downtime)
• For Annual Uptime Percentage less than 99.5% (more than 1.83 days/year downtime), you will be eligible for a Service Credit of 10% of your subscription fee

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:

• the words "SLA Credit Request" in the subject line;
• the dates and times of each Unavailability incident that you are claiming;
• the account login(s)/email address(es) affected; and
• logs or screenshots that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).

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:

1. That results from a suspension or Remedial Action, as described in the Terms;
2. Caused by factors outside of our reasonable control, including any force majeure event, Internet access, or problems beyond the demarcation point of the HopSkip network;
3. That results from any actions or inactions of you or any third party;
4. That results from the equipment, software or other technology of you or any third party (other than third party equipment within our direct control);
5. That results from failures of HopSkip Platform Services not attributable to Unavailability; or  
6. That results from any Maintenance.

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.