Applicable to customers with a Mailosaur Enterprise with SLA subscription only. Please speak to support if you do not already have this plan, but require it.
Definitions and interpretation
In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:
- “Customer” refers to the owner of an Account, with an active Mailosaur Enterprise with SLA subscription.
- “Service” relates to the features that comprise the Mailosaur product itself including, but not limited to, its API, SMTP & POP3 features and SMS features.
- “Uptime” is the percentage of the total minutes that the Service was available for in total, in a given calendar quarter.
- “Downtime” is a period of time Service was unavailable as determined by a combination of Mailosaur’s internal and external monitoring systems.
Capitalised terms used but not defined in this SLA have the meaning assigned in the Terms of Service or otherwise the Customer’s applicable agreement.
Uptime & Response/Resolution Time Guarantee
Mailosaur agrees to maintain at least 99.9% Uptime for the Service. The calculation used is described below (“Uptime Calculation”). Note, Downtime does not affect every customer at the same time or in the same way.
Mailosaur agrees to respond to support queries in relation to Service Uptime and availability within 2 hours, between the hours of 06:00-22:00 GMT/BST Monday-Friday. Mailosaur agrees to resolve support queries relating to Service Uptime and availability within 24 hours from first response.
If Mailosaur does not meet the SLA, Customer will be entitled to Service Credits detailed below (“Service Credits”).
Uptime is determined using the following calculation: (total minutes in a calendar quarter - Downtime) / total minutes in a calendar quarter).
A Service Credits claim must be made in writing within the calender quarter immediately following the quarter in which Downtime occurred. A claim may be based on either (not both) of the following calculations:
- 10% of the amount Customer paid for the Service in a calendar quarter where the Uptime for the Service was less than or equal to 99.9%, but greater than 99.0%; or
- 25% of the amount Customer paid for the Service in a calendar quarter where the Uptime of the Service was less than 99.0%.
Excluded from the Uptime Calculation are Service failures resulting from (i) Customer’s acts, omissions, or misuse of the Service including violations of the Agreement; (ii) failure of Customer’s internet connectivity; (iii) factors outside Mailosaur’s reasonable control, including force majeure events; or (iv) Customer’s equipment, services, or other technology. In addition, Downtime excludes a maximum of one scheduled maintenance event per calendar quarter.
Service Credits Redemption
If Mailosaur is unable to meet the SLA requirements, Customer may redeem Service Credits only upon written request to Mailosaur Support within thirty (30) days of the end of the calendar quarter.
Service Credits may take the form of a refund or credit to Customer’s account, cannot be exchanged into a cash amount, are limited to a maximum of ninety (90) days of paid service per calendar quarter, require Customer to have paid any outstanding invoices, and expire upon termination of Customer’s agreement with Mailosaur. Service Credits are the sole and exclusive remedy for any failure by Mailosaur to meet any obligations in this SLA.