Service Level Agreement
1. Service commitment
Kustomer, LLC (“Provider”) shall use commercially reasonable efforts to provide Client access to the Platform twenty-four hours a day, seven days a week (24×7) with a Monthly Uptime Percentage (defined below) of at least 99.9%. “Monthly Uptime Percentage” will be calculated using Provider’s service availability monitoring software as follows: the number of minutes the Platform is accessible and not suffering from a Service Outage as detected by Provider or reported to Provider by Client (and verified by Provider) during each calendar month, divided by the total number of minutes in the calendar month.
2. Measurement method
For purposes of this Agreement, “Service Outage” means any event that renders the Platform unavailable to Client, other than Scheduled Downtime and/or Excluded Downtime. In order to avoid intermittent and transient fluctuations, a Service Outage period may begin after observing one to five consecutive minutes of downtime and end when services are restored. Furthermore, downtime must affect a significant number of requests or one or more core functions or features of the Platform to qualify as a Service Outage.
3. Communication protocol
Provider will communicate via email or text message, unless otherwise agreed upon in writing. Client will provide contact names, email addresses, and phone numbers for Provider to use for communication (the “Communication Protocol”).
4. Maintenance and excluded downtime
Provider reserves the right to perform regularly scheduled maintenance of the Platform in aggregate of no more than six (6) hours during any rolling two (2) week period and always during non-core business hours. Non-core business hours are defined as 2:00am to 6:00am (Eastern Time Zone if Client is using Platform hosted in U.S. based data center or Greenwich Mean Time if Client is using Platform hosted in European based data center) during the weekday and all weekend (“Scheduled Downtime”). Provider maintains a standing scheduled maintenance window of 2:00am-6:00am (Eastern Time Zone or Greenwich Mean Time, respectively, for its U.S. and Europe located Platforms) every weekday morning. Provider may schedule additional Scheduled Downtimes outside of the standing scheduled maintenance window by providing notification to Client at least one day in advance; this notification will be provided via the agreed upon Communication Protocol to designated support representatives.
Additionally, any downtime caused by factors outside of Provider’s reasonable control do not factor in to the Monthly Uptime Percentage calculation, including any force majeure event, Internet services availability outside of Provider’s Platform, and actions or inactions of the Client or third-party computer hardware, software, or network infrastructure not within the sole control of Provider (“Excluded Downtime”). In the event that there is any unscheduled downtime, Provider will follow the Communication Protocol to notify the Client.
5. Service requests
In support of the services covered by this service level agreement, Provider will respond to service related incidents and requests originated through the Communication Protocol within the following time frames. Client shall submit requests with the priority level specified; however, Provider reserves the right to reasonably increase or decrease the priority level in its sole discretion. In accordance with the service commitment provided in this service level agreement, Provider will use commercially reasonable efforts to resolve all requests promptly but cannot guarantee a time to resolution due to the inherent variability in effort and corresponding time required to resolve issues. Provider will communicate resolution efforts with the Client in a timely manner and consistent with the Communication Protocol.
| Request Priority Level | Description | Time to Response |
|---|---|---|
| Severe | Platform is unavailable or a substantial subset of functionality is unavailable without a workaround, security issues, or data integrity issues | 2 hours |
| High | Intermittent issues, issues with system performance, and issues with available workarounds. | 8 hours |
| Medium | Any other bugs or issues that are not considered Severe or High. | 3 business days |
6. Service credits
If the Monthly Uptime Percentage fails to meet Provider’s service commitment outlined above, the Client will be eligible to receive a Service Credit, as outlined in the below table. The service credit is capped at a maximum value of 50% of the monthly service fees. This service level agreement and the Service Credits provided hereunder are the Client’s sole and exclusive remedy for any Service Outage related to the Platform. To receive a Service Credit, Client must submit a claim by emailing support@kustomer.com. To be eligible, the credit request must be received by Provider within thirty (30) days after which the incident occurred and must include: the words “SLA Credit Request” in the subject line; and the dates and times of each claimed Service Outage; logs that document the errors and corroborate the claimed Service Outage (any sensitive or personally identifiable information in these logs should be removed or replaced with asterisks). Client’s failure to provide the request and other information as required above will disqualify Client from receiving a Service Credit.
| Monthly Uptime Percentage | Rating | Service Credit |
|---|---|---|
| 99.9% or above | Meets or exceeds target | None |
| Between 99.0% and 99.89% | Below target | 25% of monthly service charges |
| At or below 99.0% | Unacceptable | 50% of monthly service charges |
7. Updates
As Provider’s business evolves, Provider may modify this service level agreement by providing notice to Client of the change by email to the registered email address provided for the administrator(s) for Client’s account. Modifications will take effect (i) thirty (30) days following the date of such notice where such modifications do not materially diminish Provider’s responsibilities under this service level agreement or (ii) at the time of renewal of Client’s Subscription Term for all other modifications.