1. Defined Terms
- All terms not defined herein shall take their meaning from the terms as defined in the Customer Agreement agreed to between the Customer and the Company.
2. Service Levels
- During the subsistence of the Agreement, the Company shall provide a 99.99% Monthly Uptime (defined below) to the Client.
3. Exclusions
- While the Company shall make best efforts to rectify all the issues in the Flock Products, the SLA shall not be applicable to the following issues:
- When the issue has been caused by using the Flock Products in a way that is not recommended by the Company.
- When the Customer and/or User has made unauthorised changes to the configuration or set-up of the Flock Products.
- When the Client has not updated the relevant Flock Product as prescribed by the Company.
- When the issue has been caused by unsupported equipment, software or other services.
- When the issue is caused by any reason which is beyond the control of the Company.
- When the issue is arising from the Company’s suspension and termination of the Customer’s and/or User’s right to use the Flock Products in accordance with the Terms of Use.
4. Downtime
- The Downtime shall be calculated on the basis of the number of minutes the relevant Flock Product was unavailable/inaccessible
- The Parties agree that the following shall not be considered Downtime:
- Reduction of speed in specific features (such as the expansion of link contents, search, etc.)
- Issues relating to any external applications or software, or caused by third parties specific to the Customer’s Flock environment.
- Any delay in image uploading, processing, or sharing.
- Network problems external to the Company’s systems which are beyond the control of the Company.
- Any "Scheduled Downtime" to complete maintenance of the Company systems.
5. Uptime
- Monthly uptime shall be the percentage of total possible minutes for which the Flock Product was available to the Client (“Monthly Uptime”). Monthly Uptime shall be calculated by subtracting the number of downtime minutes from the total possible minutes in a given month.
6. Service Credits
- In the event the Company fails to provide to the Client the Monthly Uptime guaranteed herein above, upon a claim by the Customer the Company shall refund to the Customer 50 times the charges for the usage of the relevant Flock Product for the actual downtime period below the minimum Monthly Uptime, in the form of service credits. The Parties agree and understand that the service credits provided for herein will be subject to the overall limitation of liability provided for under the Customer Agreement agreed to between the Customer and the Company.