DDPL’s Service Level Agreement
This DDPL Service Level Agreement (“SLA”) is provided as part of DDPL Terms of Service (the “TOS”) between Data Dynamics Pte Ltd. (“DDPL”) and users of DDPL (“Service Provider”).
1. SERVICE COMMITMENT
1.1 DDPL will use commercially reasonable efforts to make DDPL available at least 99.9% of the time. In the event DDPL 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. DEFINITIONS
2.1 “Unavailable Time” means DDPL is not available for use according to third party performance and monitoring services contracted by DDPL 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 DDPL 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 DDPL may credit back to an eligible Service Provider account.
2.4 “Software Services” refers to Software as a Service Solutions provided by DDPL.
2.5 “Telecommunication Services” refers to Voice Calls, Text Messages and Phone Number services provided by DDPL 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. SERVICE COMMITMENTS AND SERVICE CREDITS
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 DDPL 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 DDPL Software Services and Telecommunication Services.
4. CREDIT REQUEST AND PAYMENT PROCEDURES
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. EXCLUSIONS
5.1 “Exclusions”. Notwithstanding anything to the contrary, NO Unavailable Time shall be deemed to have occurred with respect to any DDPL performance issues that is a result of the following listed causes.
(i) factors outside of DDPL’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 DDPL or its direct hosting subcontractors (i.e beyond the point in the network where DDPL maintains access and control over DDPL Services); or
(ii) any action or inaction of Service Provider or any third party (other than DDPL‘s direct hosting subcontractor); or
(iii) third party equipment and software (other than third party equipment within DDPL’s direct control); or
(iv) DDPL‘s suspension and termination of Service Provider’s right to use DDPL Services in accordance with the TOS,
(v) scheduled maintenance; or
(vi) problems or issues related to beta or not otherwise generally available DDPL features or products.