Let's See What's Possible

DIRECT CONNECT CHAT SERVICE LEVEL AGREEMENT


Version 2.0, July 2022 

This Direct Connect Chat Services Agreement between Forms Distribution Corp., dba Infoplus Commerce ("Infoplus Commerce", “Infoplus”, "we," or "us") a Missouri Corporation, and users of the Infoplus Commerce Direct Connect services ("you") governs the use of the Direct Connect services under the provisions of the Infoplus Commerce Terms of Service (the "Terms").

This SLA applies only to Direct Connect services.

Unless otherwise provided herein, this SLA is subject to the provisions of the Terms. Capitalized words and phrases have the meaning specified in the Terms. We reserve the right to change the terms of this SLA in accordance with the Terms.

Direct Connect Service Commitment: 10 Minute Average Response Time

Infoplus Commerce will use commercially reasonable efforts to provide a 10 Minute Average Response Rate for all customer-initiated Direct Connect service requests during any monthly billing cycle (The “Direct Connect Service Commitment”).

Subject to the Infoplus Commerce SLA Exclusions, if we do not meet the Direct Connect Service Commitment, you will be eligible to receive a Direct Connect Service Credit.

A 10 Minute Average Response Time means that we guarantee you will experience an average of no more than 10 minutes response time for all Direct Connect service requests during all times when Direct Connect Support services are available. Services will typically be available during normal business hours (Central Standard Time).

Definitions

  1. "Average Response Rate" is calculated by calculating the total (in minutes) of response times for all Direct Connect requests during the month and dividing by the total number of Direct Connect requests during the month. Average Response Rate calculations exclude any downtime resulting directly or indirectly from any Infoplus Commerce SLA Exclusion.
  2. "Service Credit" means a credit denominated in US dollars, calculated as set forth below, that we may credit back to an eligible account.

Service Commitments and Service Credits

Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments, e.g. for training, setup, etc.) for the monthly billing cycle in which the Average Response Rate fell below 5 minutes. Unavailability occurred in accordance with the schedule below:

  • For Average Response Rates greater than 10 minutes but less than or equal to 20 minutes, you will be eligible for a 10% Service Credit.
  • For Average Response Rates greater than 20 minutes, you will be eligible for a 20% Service Credit.

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 Service Commitment was not achieved. Service Credits will not entitle you to any refund or other payment from Infoplus Commerce. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account.

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 Infoplus Commerce Application Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

Credit Request and Payment Procedures

To receive a Service Credit, you must submit a claim by emailing admin@infopluscommerce.com. To be eligible, the credit request must be received by us by the end of the second billing cycle after 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 handle(s); and
  • logs 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 Average Response Rate 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.

Infoplus Commerce SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of the Infoplus Commerce Application Services, or any other Infoplus Commerce Containerized Service performance issues:

  1. That result from a suspension or Remedial Action as described in Section 5 of 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 Infoplus Commerce network;
  3. That result from any actions or inactions of you or any third party;
  4. That result from the equipment, software or other technology of you or any third party (other than third party equipment within our direct control);
  5. That result from failures of Infoplus Commerce Application Services not attributable to Unavailability; or
  6. That result from any Maintenance.

If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.

Changes to this Service Level Agreement for Direct Connect Support

We may change this Service Level Agreement for Direct Connect Support from time to time. If we make any changes, we will notify you by revising the version and date at the top of this Service Level Agreement for Direct Connect Support and, in some cases, where appropriate we may provide you with additional notice (such as adding a statement to the login screen or sending you an email notification). Your continued use of our Services after the revised Service Level Agreement has become effective indicates that you have read, understood, and agreed to the current version of this Service Level Agreement.

Contact Information

If you have questions regarding your obligations under this Service Level Agreement for Direct Connect Chat Services, please email us at admin@infopluscommerce.com.