Service-Level Agreement (SLA)
1. Availability
1.1 The Service Provider shall ensure that all reasonable endeavours are used to ensure that the uptime for the Services is at least 99.99%.
1.2 The Service Provider shall ensure that uptime (meaning the percentage of time during a given period when the Services are available at the gateway between public internet and the network of the hosting services provider for the Services).is measured using reasonable methodology.
1.3 If availability falls below 97% for three consecutive months, the Customer shall be entitled to terminate this Agreement on 30 days' written notice to the Service Provider and receive a pro rata refund on the Fees in the Order Form.
2. Exceptions
Downtime caused directly or indirectly by any of the following shall not be considered when calculating whether the Provider has met the uptime guarantee given in paragraphs 1.1 and 1.3:
2.1 a Force Majeure Event;
2.2 a fault or failure of the internet or any public telecommunications network;
2.3 a fault or failure of the Customer's computer systems or networks;
2.4 any breach by the Customer of this Agreement; or
2.5 scheduled maintenance carried out in accordance with this Agreement.
3. Maintenance SLA
3.1 Scheduled Maintenance Services
The Provider shall notify Customer in advance of any significant scheduled Maintenance Services and shall use reasonable endeavours to ensure that such Maintenance Services are conducted so as to cause minimal disruption to the Services.
3.2 Updates
3.2.1 The Service Provider shall give to the Customer written notice of the application of any Update to the Platform.
3.2.2 The Service Provider shall ensure the following Updates are applied to the Platform as follows:
3.2.2.1 third party security Updates shall be applied to the Platform;
3.2.2.2 the Service Provider's security Updates shall be applied to the Platform promptly following the identification of the relevant security risk and the completion of the testing of the relevant Update; and
3.2.2.3 other Updates shall be applied to the Platform in accordance with any timetable notified by the Service Provider to the Customer or agreed by the parties from time to time.
3.3 Upgrades
3.3.1 The Provider shall produce Upgrades from time to time during the Term.
3.3.2 The Provider shall give to the Customer at least 10 Business Days' prior written notice of the application of an Upgrade to the Platform.
3.3.3 The Provider shall apply each Upgrade to the Platform within any period notified by the Provider to the Customer or agreed by the parties in writing.
4. Support SLA
4.1 Helpdesk
4.1.1 The Service Provider shall make available to the Customer a helpdesk. This helpdesk is available to Customers, Ambassadors and Users.
4.1.2 The Customer may use the helpdesk for the purposes of requesting and, where applicable, receiving the Support Services; and the Customer must not use the helpdesk for any other purpose.
4.1.3 The Service Provider shall ensure that the helpdesk is accessible to Ambassadors and Admin Users by email at support@theambassadorplatform.com and through the Chat Support link on our Service hosted at dashboard.theambassadorplatform.com and in the Mobile App.
4.1.4 The Service Provider shall ensure that the helpdesk is operational and adequately staffed.
4.1.5 The Service Provider shall use all reasonable endeavours to respond to requests for Support Services promptly within normal working hours.
4.1.6 Except as expressly specified in writing the Service Provider will not provide direct support or maintenance or upgrades or any warranty for third-party products, excluding CRM integrations via Zapier.
4.2 Limitations on Support Services
4.2.1 The Service Provider shall have no obligation to provide Support Services in respect of any issue caused by:
4.2.1.1 the improper use by the Customer or any Users of the Services including any use not in accordance with this Agreement, or the relevant end user terms, or the Service Provider's reasonable instructions;
4.2.1.2 the use of the Services on equipment other than as previously approved in writing by the Service Provider or that fails to meet any criteria published by the Service Provider;
4.2.1.3 repair, adjustment, alteration or modification of the Services or its merger with other software by a third party resulting in a departure from the Service Provider's instructions save with the prior written authority of the Service Provider; and/or
4.2.1.4 the use of the Services for a purpose for which it was not designed.
4.3 Except as expressly specified in writing the Service Provider will not provide direct support or maintenance or upgrades or any warranty for third-party products, excluding CRM integrations via Zapier.