Our Service Commitment To Our Customers
( Last updated: October 23, 2018 )
Summary
Hosted services will be available twenty-four (24) hours per day, seven (7) days per week. Bananatag shall use commercially reasonable efforts to maintain 99.9% availability of the hosted services, subject to any downtime required for maintenance (“Maintenance Downtime”).
Bananatag will make commercially reasonable efforts to (i) schedule Maintenance Downtime in intervals of not more than sixty (60) minutes, (ii) schedule Maintenance Downtime during non- peak hours, and (iii) otherwise minimize any Maintenance Downtime. Bananatag will notify You at least 24 hours in advance of any Maintenance Downtime.
If Bananatag fails to meet any Service Level required hereunder, Bananatag shall promptly, at no additional charge to You, (i) investigate, assemble and preserve pertinent information with respect to, and report on, the causes giving rise to such failure, including performing a root cause analysis; (ii) advise You, as and to the extent reasonably requested by You, of the status of remedial efforts being undertaken with respect to such failure; (iii) use all commercially reasonable efforts to minimize the impact of and correct such failure and to begin meeting the Service Level as soon as practicable; and (iv) take appropriate preventive measures to avoid recurrence of such failure.
Time To Respond
Bananatag shall use commercially reasonable efforts to respond to issues detected by Bananatag, and to provide a fix or workaround of the issue, within the time frames set forth below. You acknowledge that there can be no guarantee with respect to the maximum time required to fix issues, but in all cases, Bananatag shall use commercially reasonable efforts to ensure that any fixes are undertaken and performed without delay.
| Level | Description | Maximum Response Time | Maximum Time to Fix or Provide Workaround |
|---|---|---|---|
| 1 | Urgent | 1 hour | 8 hours |
| 2 | Minor | 1 business day | 3 business days |
| 3 | Requests | 3 business day | Based upon request |
Reporting
Bananatag shall measure, and as requested report on, its performance against the Service Levels described herein on a calendar-month basis. Upon Your reasonable request, Bananatag shall provide, and You will have access to, Service Level information as reasonably requested by You to verify the accuracy of the Service Level measurements.
Credit Policy
Subject to the Credit Exceptions listed below, if Bananatag fails to meet the uptime levels set forth below in any given month, Bananatag will apply the corresponding credit to Your account for that month (in the case of annual subscriptions, the credit will be calculated on a pro rata basis). Such credit is Bananatag’s sole obligation and your sole and exclusive remedy for failure to meet uptime levels. Credits will be applied against future invoiced amounts and are not transferable or redeemable for cash.
| Uptime Levels | Credit (Percentage of monthly fee) |
|---|---|
| Uptime of 99.9% or higher | No credit |
| Uptime of 99.0-99.9% | 10% |
| Uptime of 98.0 – 98.9% | 25% |
| Uptime of 97.0 – 97.9% | 50% |
| Uptime of 95.0 – 96.9% | 75% |
| Uptime of less than 95% | 100% |
Uptime percentages will be calculated using actual minutes of downtime (excluding Maintenance Downtime) rounded down to one (1) minute boundaries. Any issue lasting less than one (1) minute will not be included in the calculation of availability.
Credit Exceptions
If at any time You are in default under the Agreement, You will not be entitled to any service credits.
Credit will not be issued for downtime that, as determined by Bananatag in its reasonable discretion, results from:
- Maintenance Downtime;
- the malfunction of software not provided by Bananatag;
- the failure of hardware to perform in accordance with its specifications;
- Your misuse, negligence or fault;
- modifications or changes to the Bananatag Service not performed by Bananatag; and
- any failures that cannot be corrected because You are inaccessible.
