This Caseload Manager Service Level Agreement (“SLA”) is a policy governing the perfornance of Caseload Manager Services (“Caseload Manager”) offered by Resourceful Internet Solutions, Inc.
Caseload Manager will use commercially reasonable efforts to make Caseload Manager available with the applicable Monthly or Annual Uptime Percentage (as defined below) during any monthly or annual billing cycle (the “Service Commitment”). In the event Caseload Manager does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.
- “Error Rate” means: (i) the total number of internal server errors returned by Caseload Manager as error status “InternalError” or “ServiceUnavailable” divided by (ii) the total number of requests for the applicable request type during that five minute period. We will calculate the Error Rate for each Caseload Manager account as a percentage for each five minute period in the applicable monthly or annual billing cycle. The calculation of the number of internal server errors will not include errors that arise directly or indirectly as a result of any of the Caseload Manager Exclusions (as defined below).
- “Monthly or Annual Uptime Percentage” is calculated by subtracting from 100% the average of the Error Rates from each five minute period in the monthly or annual billing cycle.
- A “Service Credit” is a dollar credit, calculated as set forth below, that we will credit back to an eligible Caseload Manager account.
Service Credits are calculated as a percentage of the total charges paid by you for Caseload M for the billing cycle in which the error occurred in accordance with the schedule below.
|Monthly or Annual Uptime Percentage
||Service Credit Percentage
|Equal to or greater than 99.0% but less than 99.9%
|Less than 99.0%
We will apply any Service Credits only against future Caseload Manager payments otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the error occurred. Service Credits will not entitle you to any refund or other payment from Caseload Manager. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly or annual billing cycle is greater than one dollar ($1 USD). Unless otherwise provided, your sole and exclusive remedy for any unavailability, non-performance, or other failure to provide Caseload Manager is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
Credit Request and Payment Procedures
To receive a Service Credit, you must submit a claim by contacting email@example.com. To be eligible, the credit request must be received by us by the end of the second month after the monthly or annual billing cycle during which the incident occurred and must include:
- the words “SLA Credit Request” in the subject line; and
- the dates and times of each incident of non-zero Error Rates that you are claiming.
If the Monthly or Annual Uptime Percentage applicable to the month or year of such request is confirmed by us and is less than the applicable Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request will disqualify you from receiving a Service Credit.
This Service Commitment does not apply to any unavailability, suspension or termination of Caseload Manager or any other Caseload Manager performance issues that result by factors outside of Caseload Manager's reasonable control, including any force majeure event or Internet access or related problems beyond the Caseload Manager demarcation point.