Service Level Agreement
This Service Level Agreement (“SLA”) is incorporated by reference in your Tinkit Partner Agreement:
This Service Level Agreement (“SLA”) is incorporated by reference in your Tinkit Partner Agreement: Terms of Service (the “Agreement”). Capitalized terms used in this SLA shall have the meaning given in the Agreement. Direct all inquiries concerning this SLA to firstname.lastname@example.org.
- “Critical Error” means an error affecting accessibility and availability to the Service(s) during a five (5) minute period. The corresponding Error Report must be sent to the Tinkit Emergency Response Team as set forth in the Control Panel.
- “Limited Error” means an error affecting performance, capacity or certain functionality of the Service(s) during a fifteen (15) minute period. The corresponding Error Report must be filed using a Support Ticket in the Control Panel.
- “Planned Maintenance” means maintenance that is announced at least ten (10) business days in advance by Tinkit. Planned Maintenance is not to be performed during Business Hours as defined below. Exceptions may apply if a certain Service is deemed used primarily outside those hours.
- “Emergency Maintenance” means maintenance that is required to maintain stability to infrastructure components and that is beyond Tinkit’s control, as set forth in accordance with Section E below regarding Force Majeure.
- “Business Hours” means Monday to Friday 8:00am to 5:00pm Central Standard Time (CST) if Reseller is located in the Americas (United States of America, Latin America); or Central European Time (CET) if the Reseller is located in the EMEA (Europe, Middle-East, Africa) or the APAC (Asia-Pacific) regions.
2. Guaranteed Availability
Tinkit will use commercially reasonable efforts to make the Services available at least 99.99% of the time. Availability is calculated on a quarterly basis excluding any and all Planned Maintenance, Emergency Maintenance and Limited Error correction time.
Should Tinkit fail to meet the availability set forth above, Partner shall be eligible for a credit. Credits are calculated as a percentage of the fees for the Services as follows:
Five percent (5%) of fees for each hour of downtime, up to 100% of the fees.
The potential credit set forth in Section 2 above is subject to the restrictions of Section 4.1, Support & Availability, of the Agreement. Furthermore, Partner is not entitled to a credit if Partner is in breach of the Agreement (including Partner’s payment obligations to Tinkit) until Partner has cured the breach. Partner is not entitled to a credit if downtime would not have occurred but for Partner’s breach of the Agreement or Partner’s misuse of the Service in accordance to the AUP.
In order to receive a credit Partner must file a SLA credit claim using Support Tickets from the Control Panel within thirty (30) days from the related occasion. Partner must provide documentation in writing that the use of specified Service was adversely affected in some way as a result of the downtime to be eligible for the credit, and such documentation must prove satisfactory to Tinkit in it’s sole discretion.
NOTWITHSTANDING ANYTHING IN THIS SLA TO THE CONTRARY, THE MAXIMUM TOTAL CREDIT FOR THE MONTHLY BILLING PERIOD, SHALL NOT EXCEED 100% OF PARTNER’S FEE FOR THAT BILLING PERIOD. CREDITS THAT WOULD BE AVAILABLE BUT FOR THIS LIMITATION WILL NOT BE CARRIED FORWARD TO FUTURE BILLING PERIODS.
Except for the foregoing potential credit, Tinkit provides no warranty with regards to its performance of support or maintenance services pursuant to this SLA. The warranty disclaimer of Section 6.2 and Section 10, Limited Liability, of the Agreement are incorporated herein, as if restated in full and shall apply to any and all support and maintenance activities provided by Tinkit to Partner.
4. Monitoring and Support
Tinkit will not be monitoring Services that are managed by the Partner or Partner’s customer where Tinkit has no explicitly agreed access or monitoring obligations.
Services not monitored by Tinkit will not be deemed unavailable until a Critical Error Report has been confirmed and accepted by Provided.
Support will be provided by Tinkit only to Partner’s administrators that hold a valid account in the Control Panel. All support related inquiries are to be handled through Support Tickets in the Control Panel. Any support, error correction or maintenance obligations of Tinkit detailed in this SLA are subject to the Partner’s payment for the Services. Any termination of the Agreement shall terminate this SLA.
Tinkit will endeavor to respond to all Support Tickets within four (4) hours of receipt during Business Hours.
Should Critical Errors reported to the Tinkit Emergency Response Team be found to be caused, intentionally or unintentionally, by the Partner or Partner’s customer, Tinkit reserves the right to charge troubleshooting or other actions according to its current support rates or price list.
5. Force Majeure
The term “force majeure events” shall include: fire, explosion, accident, earthquake, flood, drought, embargo, war (whether or not declared), riot, terrorist attack, governmental act, delay or failure of carriers, acts of nature, or any other contingency or delay or failure or cause beyond the control of the party affected, excluding economic conditions affecting either party. If the occurrence of any force majeure events make it impossible to continue performance of the Services under this SLA, this SLA may be terminated by Tinkit upon written notice.
If a force majeure event as stated above is foreseeable to Tinkit, Tinkit shall notify such event to the Partner within five (5) working days after its reasonable forecast of such event, and co-operate with the Partner to complete all outstanding matters. In no event, shall Tinkit be liable for any breach of this SLA which is caused by any force majeure events.
6. Final Provisions
The “Miscellaneous” provisions of Section 11 of the Agreement shall apply herein as if repeated in full below.