This TDSP Service Level Agreement (“SLA”) is provided as part of TDSP Terms of Service (the “TOS”) between Toshiba Data Dynamics Pte Ltd. (“TDSP”) and users of TDSP (“Service Provider”).
1.1 TDSP will use commercially reasonable efforts to make TDSP available at least 99.9% of the time. In the event TDSP does not meet the goal of 99.9% availability in a given calendar month (“Monthly Uptime Percentage”), Service Provider will be eligible to receive a Service Credit as described in Section 3: Service Commitments and Service Credits.
2.1 “Unavailable Time” means TDSP is not available for use according to third party performance and monitoring services contracted by TDSP at its sole discretion (the “Monitoring Service”). Any service issues or outages relating to any Exclusions (defined below) shall not be deemed as Unavailable Time.
2.2 “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of continuous 5 minute periods during the Service Month in which TDSP was in a state of “Unavailable Time” as identified by Monitoring Service
2.3 “Service Credit” is a dollar credit, calculated as set forth below, that TDSP may credit back to an eligible Service Provider account.
2.4 “Software Services” refers to Software as a Service Solutions provided by TDSP.
2.5 “Telecommunication Services” refers to Voice Calls, Text Messages and Phone Number services provided by TDSP together with the Software Services.
2.6 “Selling Price” refers to the actual prices for the subscription and usages of the Software Services and Telecommunication Services paid for by the Service Provider.
2.7 “Subscription” refers to the purchase of subscription for the Software Services at the Selling Price
2.8 “Usage” refers to the use of Telecommunication Services at the Selling Price.
3.1 Service Credits are calculated as a percentage of the total charges paid by Service Provider for Subscription of Software Services and Usage of Telecommunication Services for the month in accordance with the schedule below.
3.2 Service Credit shall be issued to Service Provider’s TDSP balance for future use only. No refunds or cash value will be provided. Service Credits may not be transferred or applied to any other accounts.
3.3 Service Credits shall be Service Provider’s sole and exclusive compensation for any unavailability or non-performance of TDSP Software Services and Telecommunication Services.
4.1 To apply for a Service Credit, the Service Provider must submit a ticket via within 30 days of the month in which the Unavailable Time occurred. The ticket must include
(i) “SLA Claim” as the subject of the ticket;
(ii) the dates and times of the Unavailable Time for which Service Provider is requesting credit;
(iii) any applicable information that documents the claimed outage.
5.1 “Exclusions”. Notwithstanding anything to the contrary, NO Unavailable Time shall be deemed to have occurred with respect to any TDSP performance issues that is a result of the following listed causes.
(i) factors outside of TDSP’s reasonable control, including, without limitation, any force majeure event, carrier related problems or issues, or Internet access or related problems beyond the demarcation point of TDSP or its direct hosting subcontractors (i.e beyond the point in the network where TDSP maintains access and control over TDSP Services); or
(ii) any action or inaction of Service Provider or any third party (other than TDSP‘s direct hosting subcontractor); or
(iii) third party equipment and software (other than third party equipment within TDSP’s direct control); or
(iv) TDSP’s suspension and termination of Service Provider’s right to use TDSP Services in accordance with the TOS,
(v) scheduled maintenance; or
(vi) problems or issues related to beta or not otherwise generally available TDSP features or products.
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