This Service Level Agreement (“Agreement”) constitutes a contract between CERTIFY Global Inc. (“CERTIFY”) and any person or entity who signs up to use CERTIFY’s Services through our Website or who signs a separate agreement regarding the Services (“you”) (each a “Party” and collectively the “Parties”). This Agreement governs CERTIFY’s commitments regarding the availability of the Services, unless the Parties sign a separate agreement regarding the availability of the Services, and is effective as of the Effective Date. If the Parties sign a separate agreement regarding the availability of the Services, the separate agreement will control.
By using the Services, you agree to this Agreement. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT USE THE SERVICES.
During the Term of the License to use the Services, CERTIFY agrees to make the Services available to you at least 99.9% of the time in any calendar month (“Service Level”).
If we do not meet the Service Level in any calendar month, and if you meet your obligations under this Agreement, you will be eligible to receive a credit on your next monthly invoice. The credit will be equal to the value of accessing the Services for the number of days set forth in the below table (“Service Credit”).
Your Service Credit may not be exchanged for or converted into monetary amounts.
The following definitions will apply for purposes of calculating any Service Credit you may be eligible to receive.
The following formula will be used to calculate your Service Credit:
|Monthly Uptime Percentage||Service Credit|
|< 99.9% – ≤ 99.0%||3 Days|
|< 99.0% – ≤ 95.0%||7 Days|
|< 95.0%||15 Days|
The maximum Service Credit you are eligible to receive in a calendar month may not exceed the value of fifteen (15) days of access to the Services under any circumstances.
To receive a Service Credit, you must notify CERTIFY within thirty (30) days of the time you become eligible to receive the credit. If you fail to comply with this requirement, you will forfeit your right to receive a Service Credit. To determine whether the Services are available, you may contact CERTIFY at firstname.lastname@example.org.
This Agreement does not apply to any software we provide that expressly excludes our Service Level Agreement. Nor does this Agreement apply to any Downtime caused by events beyond our control as set forth in the Force Majeure provisions of this Agreement, problems with your computer systems, problems with third-party data processors or other service providers used in connection with your computer systems, or your misuse of the Services.
YOU AGREE THAT THE ABOVE SERVICE CREDIT CONSTITUTES YOUR SOLE REMEDY FOR ANY FAILURE TO MEET THE ABOVE SERVICE LEVEL.