Last updated, March 20 2018.
During the Subscription Term for which Archbee has agreed to provide a relevant Archbee to you, we will use commercially reasonable efforts to provide a Monthly Uptime Percentage to you of at least 99.9% (“Service Level Commitment”).
(a) If we confirm there is a failure to meet a Service Level Commitment in a particular calendar month and you make a request for service credit within fifteen (15) days after the end of such calendar month, you will be entitled to a credit based on the monthly fees invoiced for the affected Archbee you have provisioned in the month experiencing such failure, if you have a monthly subscription plan or 1/12 of annual fees invoiced for the affected Archbee you have provisioned, if you have an annual plan (“Service Credit”). To receive a Service Credit, you must submit a ticket at firstname.lastname@example.org with all information, and provide any other reasonably requested information or documentation. Our monitoring (https://status.archbee.io) and logging infrastructure is the source of truth for determining Monthly Uptime Percentage, errors and whether we have met the Service Level Commitment. All calendar months will be measured in the UTC time zone.
(b) The Service Credit will be calculated as set forth here.
We will apply each Service Credit against a future payment otherwise due from you for the affected Archbee, provided that your account is fully paid up, without any outstanding payment issues or disputes. No refunds or cash value will be given for unused Service Credits. Service Credits may not be transferred or applied to any other Archbee account or product instance. The aggregate maximum Service Credits applied to an invoice will not exceed 100% of the amount invoiced for the affected Archbee in that invoice billing period (as opposed to the actual month in which the affected Archbee was unavailable). We reserve the right to deny a Service Credit if you do not qualify for one.
You will not be entitled to a Service Credit if you are in breach of the Terms. The Service Level Commitment will not include unavailability to the extent due to:
(a) your use of the Archbee in a manner not authorized in the Terms or not in accordance with the applicable Documentation;
(b) force majeure events or other factors outside of our reasonable control, including, without limitation, Internet access or related problems;
(c) your equipment, software, network connections or other infrastructure;
(d) Your Data or Your Materials;
(e) third-party equipment, apps, add-ons, software or technology (other than our agents and subcontractors); or
(f) routine scheduled maintenance or reasonable emergency maintenance as set forth in the Archbee Maintenance Policy. No Service Level Commitment or Service Credits are provided for
(x) free, proof-of-concept, beta or trial services, or
(y) features excluded from the Service Level Commitment (in the applicable Documentation).
All capitalized terms not otherwise defined are as set forth in the Archbee Terms of Service (“Terms”).
“Monthly Uptime Percentage” means 100% minus the percentage of Downtime minutes out of the total minutes in the relevant calendar month.
“Downtime” occurs when any Covered Experience has an Error Rate greater than 5%.
“Error Rate” means, over a given 1-minute period, the percentage of your requests to a Covered Experience resulting in an error out of your total requests to that Covered Experience. For cases in which we confirm a Covered Experience was completely inoperable or unable to receive your requests, the Error Rate for that minute is 100%. If you attempted no requests to a Covered Experience over a minute, the Error Rate is 0%.