The Hyperspace Service Level Agreement (“SLA”) governs the use of Hyperspace under the terms of the Terms of Service (the “TOS”) between Hyperspace and users of the Hyperspace Application (“you” or “Customer”). This SLA applies separately to each account using Hyperspace. Unless otherwise provided herein, this SLA is subject to the terms of the TOS and capitalized terms will have the meaning specified in the TOS. Hyperspace reserves the right to change the terms of this SLA in accordance with the TOS.
- Service Commitment
Your subscription services for Hyperspace include general support for API updates, bug fixes, sync issues and training related to operational use and configuring your Hyperspace settings. Hyperspace will use commercially reasonable efforts to make Hyperspace available 99.95% of the time. In the event Hyperspace does not meet the goal of 99.95% availability in a given calendar month (“Monthly Uptime Percentage”), you will be eligible to receive a Service Credit as described below.
The following capitalized terms shall be given the meaning set forth below:
2.1 “Unavailable Time” means the Hyperspace system is not available for use according to third party performance and monitoring services contracted by Hyperspace. 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 Hyperspace was in a state of “Unavailable Time” as identified by Monitoring Service
2.3 A “Service Credit” is a dollar credit, calculated as set forth below, that Hyperspace may credit back to an eligible Customer account:
Monthly Uptime Percentage Service Credit
Service Credit shall be issued to Customer’s Hyperspace balance for future use only. No refunds or cash value will be provided. Service Credits may not be transferred or applied to any other account.
- Credit Request and Payment Procedures
To apply for a Service Credit, the customer must submit a ticket via the Support System 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 you are requesting credit; and (iii) any applicable information that documents the claimed outage.
Notwithstanding anything to the contrary, no Unavailable Time shall be deemed to have occurred with respect to any unavailability of the API for other 3rd party platforms (e.g. NetSuite, Lightspeed), or any other Hyperspace performance issues, that (i) are caused by factors outside of Hyperspace’s reasonable control, including, without limitation, any force major event, carrier related problems or issues, or Internet access or related problems beyond the demarcation point of Hyperspace or its direct hosting subcontractors (i.e beyond the point in the network where Hyperspace maintains access and control over the Hyperspace Services); (ii) result from any actions or inactions of Customer or any third party (other than Hyperspace’s direct hosting subcontractor); (iii) result from Applications, equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within Hyperspace’s direct control); or (iv) arise from Hyperspace’s suspension and termination of Customer’s right to use the Hyperspace Services in accordance with the TOS, (v) scheduled maintenance; or (vi) problems or issues related to alpha, beta or not otherwise generally available Hyperspace features or products (collectively, the “Exclusions”).
- Sole Remedy
Service Credits shall be your sole and exclusive remedy for any unavailability or non-performance of the Hyperspace Services or other failure by us to provide the Hyperspace Services.