FRESHPAINT SERVICE LEVEL AGREEMENT
Effective as of November 10, 2020.
1. SCOPE OF SLA
1.1 This SLA applies only to Customers that are subscribed to both Freshpaint’s Business Plan and have L3 Support on their specific Order Form. This SLA does not apply to Customers on Free, Trial, or Team plans. This SLA does not apply to Customers on Freshpaint’s Business Plan with L1 or L2 Support on their Order Forms.
1.2 Freshpaint guarantees availability of its Core Services as described below.
2.1 Allowed Downtime Interval - additional time for Freshpaint before Customer starts accruing Downtime.
2.2 Core Services - means the services identified in Section 3 below.
2.3 Service Commitment - means the uptime percentage during each calendar month commencing with the first full calendar month following the integration by Customer of the Service specific on each Order Form.
2.4 Downtime - Downtime for Core Services means the Service is available less than the Uptime Commitment period(s) below, measured according to Section 4.3 below.
2.5 Service Credit - a credit on Customer’s fees equal to Downtime (in hours) * (annual fee for Service/hours in year). Service Credits for Core Services are calculated based on the platform fees paid for the current term. Service Credits may not be redeemed for cash, and may not exceed 50% of the total monthly fees for that Service in the month that the incident occurred.
3.1 Priority Levels and SLAs
Freshpaint shall provide assistance and technical support (“Support”) to Customer as defined in the Order Form. Freshpaint shall use commercially reasonable efforts to respond to problems or support requests according to the following table, which describes the severity level classification for problems and the expected response time for each severity level.
3.2 Support Hours
Support will be available from 8am to 6pm US Pacific Time, Monday through Friday, excluding holidays (“Business Hours”).
4. CORE SERVICES UPTIME
Freshpaint offers an Uptime SLA for Customers who have this SLA specified as a Platform feature.
4.2 Service Credits
If one Core Service has Downtime, Customer will receive a Service Credit against the entire platform fee even if the other Core Services are working. If more than one Core Service is down, Customer will receive one Service Credit against the entire platform fee, not multiple credits.
4.3 Service Commitment Calculation
The Service Commitment will be calculated as follows: the number of minutes the Services are accessible and not suffering from a downtime as reported to Company by Customer during each calendar month, divided by the total number of minutes in the calendar month. A monthly uptime percentage of 99.9% means that we will use commercially reasonable efforts to ensure that you will experience no more than 43 minutes and 49.7 seconds of downtime per month, excluding holidays and any scheduled maintenance. However, any Downtime Customer experiences resulting from outages of third party connections or utilities or other reasons beyond Freshpaint’s control will be excluded from any such calculation.
5.1 Customer must submit claims to Freshpaint customer support (email@example.com) along with all information necessary for Freshpaint to validate each claim, including: (i) a detailed description of the incident; (ii) information regarding the time and duration of the Downtime; (iii) the number and location(s) of affected users (if applicable); and (iv) descriptions of Customer’s attempts to resolve the incident.
5.2 Freshpaint must receive the claim within two months of the end of the month in which the incident occurred.
5.3 Freshpaint will evaluate all reasonably available information and make a good faith determination of whether a Service Credit is owed. Freshpaint will use commercially reasonable efforts to process claims within 45 days of receipt. Customer must be in compliance with the Agreement to be eligible for Service Credits. If a Service Credit is owed to Customer, Freshpaint will apply the Service Credit to Customer’s subsequent service term or to any additional Services added during the current term.
5.4 If Customer experiences Downtime for multiple Services, they must submit a separate request for each Service. Service Credits are Customer’s sole remedy for performance or availability issues for any Service under the Agreement and this SLA.
6.1 Downtime does not include Service unavailability due to the following:
- Maintenance requested by Customer, scheduled maintenance, or unscheduled emergency maintenance, either by Freshpaint or by third-party providers. Freshpaint will provide seven days advance notice in writing or by e-mail of scheduled maintenance, not to exceed 24 hours per month.
- Failure of equipment, software, or other parts of the Services not listed as a Core Service.
- Outages of third party connections or utilities or other reasons beyond Freshpaint’s reasonable control.
- The Customer uses equipment, software, or Services in a way that is not recommended by Freshpaint.
- The Customer has delayed, hindered, or prevented Freshpaint from providing Services, such as removing Freshpaint’s access to Customer data sources or warehouses.
- The Service has become unavailable as a result of unsupported equipment, software, or other third-party services which are not fully functional, which includes but is not limited to undocumented API changes, API limits, or sync failures due to new or changed data format or mapping that disrupts processes.
- Customer’s breach of any of its agreements with Freshpaint, or Freshpaint’s responses thereto.
- The Company’s blocking of data communications or other Services in accordance with its policies shall not be deemed to be a failure of Company to provide adequate availability levels under this Agreement.
- The Service is a beta release or other pre-production release of a component of the Services.