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This Infoplus Commerce Service Level Agreement (“SLA”) between Forms Distribution Corp., dba Infoplus Commerce (“Infoplus Commerce”, “Infoplus”, “we,” or “us”) a Missouri Corporation, and users of the Infoplus Commerce Services (“you”) governs the use of the Infoplus Commerce Services under the provisions of the Infoplus Commerce Terms of Service (the “Terms”).
This SLA applies separately to your Production Accounts. This SLA does not apply to Development Accounts.
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.
Service Commitment: 99.95% Uptime
Infoplus Commerce will use commercially reasonable efforts to make the Infoplus Commerce Application Services available with a Monthly Uptime Percentage of at least 99.95% during any monthly billing cycle (the “Service Commitment”). Subject to the Infoplus Commerce SLA
Exclusions, if we do not meet the Service Commitment, you will be eligible to receive a Service Credit.
A Monthly Uptime Percentage of 99.95% means that we guarantee you will experience no more than 21.56 min/month of Unavailability.
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 Unavailability occurred in accordance with the schedule below:
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 Unavailability occurred. 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.
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.
To receive a Service Credit, you must submit a claim by emailing email@example.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:
If the Monthly Uptime Percentage 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.
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:
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.