Service Level Agreement
1. Applicability
This Service Level Agreement applies to a Customer who has ordered, is receiving any Mongoose Metrics Product (also referred to as a "Service"), and is in full compliance with the terms of the parties’ Standard Service Agreement.
2. Service Description and Service Level Commitment
Mongoose Metrics Products/Services are described at http://www.mongoosemetrics.com under the tab labeled “Products”. Mongoose Metrics commits to make its Services available 100% of any given month as described in and as limited by this Service Level Agreement. Mongoose Metrics specifically excludes SLA committments when the Customer uses Voice over IP (VOIP) anywhere in the termination path to their destination number.
3. Remedy For Service Outage - Credits
Provided all of the conditions and limitations specified below are met, if a Service is not available materially in conformance with its Service description for a Customer’s use one hundred percent (100%) of the time (a “Service Outage”), then Mongoose Metrics agrees to provide Customer the following credit toward Service Fees (as defined in the parties’ Standard Service Agreement):
For a Service Outage lasting longer than thirty (30) minutes, Mongoose Metrics will provide the following credit(s):
- 30.01 - 60 minutes: 2% of monthly base fees
- 60.01 - 120 minutes: 5% of monthly base fees.
- Each additional 60 minutes: 10% of monthly base fees.
4. Certain Conditions And Limitations To Receiving Credits
Mongoose Metrics agrees to provide a credit to a Customer’s account provided the following conditions are met, and the credit is not otherwise limited as specified below:
- Customer must request such credit within seven (7) business days after Customer experiences a Service Outage;
- Customer must request a credit by sending an email message to billing@mongoosemetrics.com outlining incident start, incident end, and the support ticket ID Customer used when reporting the Service Outage troubleshooting the issue;
- Customer must report the Service Outage promptly by completing a support request form located at www.mongoosemetrics.com under the tab labeled “Get Support”;
- Service Outages can occur for a variety of reasons, some of which may be outside the control of Mongoose Metrics, or occur in connection with or as part of regular maintenance. Therefore, credits shall not be provided to Customer in the event that Customer has a Service Outage resulting from the following matters: (i) scheduled maintenance, including any server or service reboots required in the performance of Mongoose Metrics' usual and customary duties to improve, upgrade, update, maintain or perform similar activities regarding its Services or network; (ii) Customer behavior or the performance or failure of Customer equipment, facilities, software, scripts, code, or applications, or (iii) circumstances beyond Mongoose Metrics' reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of Customer service.
- Credits will be applied within sixty (60) days of Customer’s credit request. Credit to a Customer’s account shall be Customer’s sole and exclusive remedy, and Mongoose Metrics’ sole and exclusive liability, for any Service Outage related to Customer’s Service including those caused by gross negligence by Mongoose Metrics or its staff; provided, however, that this limitation does not apply to personal injury to the extent caused by Mongoose Metrics’ tortious conduct.
- Mongoose Metrics' monitoring agents will be the sole determinate of our Service uptime and Service Outage.
- In no event will the amount of credit received by Customer in any month exceed the total amount billed in such month.
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