During the Term of the applicable ezeep Agreement (the “Agreement”), the ezeep service will be operational and available to Customer at least 99.9% of the time on an average and yearly basis (the “ezeep SLA”), so long as no separate SLA was agreed to in writing.
- ThinPrint Cloud Services points out that this SLA excludes “Force Majeure” events – events outside of ThinPrint Cloud Services’ reasonable control. This includes actions of third parties, ThinPrint Cloud Services does not control, technical aspects of the Internet as such, and availability and reliability of your Infrastructure, including and particularly output devices (printers, etc) that are connected to and used through ezeep. Hardware and software in use by the customer can also have a negative impact on ThinPrint Cloud Services’ service and this downtime is excluded. As far as any of these aspects have an impact on the service.
- Any planned downtime of which Company provides 24 or more hours notice in accordance with the Agreement or via a conspicuous on-screen message in the Service. Company will use commercially reasonable efforts to schedule all planned downtime during the hours from 6pm Friday to 3am Monday CET.
- Any period of unavailability lasting less than 15 minutes.
If ThinPrint Cloud Services does not meet the ezeep SLA, and if Customer meets its obligations under this ezeep SLA, Customer will be eligible to receive the Service Credits described below. This ezeep SLA states Customer’s sole and exclusive remedy for any failure by ThinPrint Cloud Services to meet the ezeep Apps SLA.
The following definitions shall apply to the ezeep Apps SLA.
- “Downtime” means, if there is more than a five percent user error rate. Downtime is measured based on server side error rate.
- “Monthly Uptime Percentage” means total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month.
- “Service” means the ezeep service as provided by ThinPrint Cloud Services to Customer under the Agreement.
Service Credit means the following:
|Monthly Uptime Percentage||Days of Service added to the end of the Service term (or monetary credit equal to the value of days of service for monthly postpay billing customers), at no charge to Customer|
|< 99.9% – >= 99.0%||6|
|< 99.0% – >= 95.0%||25|
Service Credit Claim
Customer Must Request Service Credit. In order to receive any of the Service Credits described above, Customer must notify ThinPrint Cloud Services within thirty days from the time Customer becomes eligible to receive a Service Credit. Failure to comply with this requirement will forfeit Customer’s right to receive a Service Credit.
Maximum Service Credit. The aggregate maximum number of Service Credits to be issued by ThinPrint Cloud Services to Customer for all Downtime that occurs in a single calendar month shall not exceed fifteen days of Service added to the end of Customer’s term for the Service (or the value of in days of service in the form of a monetary credit to a monthly-billing customer’s account). Service Credits may not be exchanged for, or converted to, monetary amounts, except for customers who are on ThinPrint Cloud Services’ monthly billing plan.
ezeep SLA Exclusions. The ezeep SLA does not apply to any services that expressly exclude this ezeep SLA (as stated in the documentation for such services) or any performance issues: (i) caused by factors described in the “Exclusions” section of the SLA or comparable sections in the Terms of Service, the “Agreement”; or (ii) that resulted from Customer’s equipment or third party equipment, or both (not within the primary control of ThinPrint Cloud Services).