Last Updated on September 17th, 2017
This Parakeet Service Level Agreement (“SLA”) governs the use of the Parakeet Service under the terms of the Parakeet Terms of Service (the “TOS”) between Parakeet Communications, Inc. (Parakeet, “us” or “we”) and users of the Parakeet Service (“you” or “Customer”). This SLA applies separately to each account using the Parakeet Service. Unless otherwise provided herein, this SLA is subject to the terms of the TOS and capitalized terms will have the meaning specified in the TOS. Parakeet reserves the right to change the terms of this SLA in accordance with the TOS.
Parakeet will use commercially reasonable efforts to make the Parakeet Service available 99.95% of the time. In the event Parakeet does not meet the goal of 99.95% Service availability in a given calendar month (“Monthly Uptime Percentage”), you will be eligible to receive a Service Credit as described below.
The following capitalized terms shall be given the meaning set forth below
“Unavailable Time” means the Parakeet Service is not available for use according to third party performance and monitoring services contracted by Parakeet at its sole discretion (the “Monitoring Service”). The Monitoring Service reports of availability is currently available at status.parakeet.com; provided that service issues or outages relating to any Exclusions (defined below) shall not be deemed as Unavailable Time.
“Monthly Uptime Percentage" is calculated by subtracting from 100% the percentage of continuous 5 minute periods during the Service Month in which the Parakeet Service was in a state of “Unavailable Time” as identified by Monitoring Service
A “Service Credit” is a dollar credit, calculated as set forth below, that Parakeet may credit back to an eligible Customer account:
|Monthly Uptime Percentage||Service Credit|
To apply for a Service Credit, the customer must submit a ticket via the Account Portal within 30 days of the month in which the Unavailable Time occurred. The ticket must include (i) "SLA Claim" as the subject of the ticket; (ii) the dates and times of the Unavailable Time for which you are requesting credit; and (iii) any applicable information that documents the claimed outage.
Notwithstanding anything to the contrary, no Unavailable Time shall be deemed to have occurred with respect to any unavailability, suspension or termination of the Parakeet Service, or any other Parakeet Service performance issues, that (i) are caused by factors outside of Parakeet’s reasonable control, including, without limitation, any force majeure event, carrier related problems or issues, or Internet access or related problems beyond the demarcation point of Parakeet or its direct hosting subcontractors (i.e beyond the point in the network where Parakeet maintains access and control over the Parakeet Service); (ii) result from any actions or inactions of Customer or any third party (other than Parakeet’s direct hosting subcontractor); (iii) result from Applications, equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within Parakeet’s direct control); or (iv) arise from Parakeet’s suspension and termination of Customer’s right to use the Parakeet Service in accordance with the TOS, (v) scheduled maintenance; or (vi) problems or issues related to alpha, beta or not otherwise generally available Parakeet features or products (collectively, the “Exclusions”).
Service Credits shall be your sole and exclusive remedy for any unavailability or non-performance of the Parakeet Service or other failure by us to provide the Parakeet Service.