During the Term of the agreement, the Covered Service will provide a Monthly Uptime Percentage to Customer of at least 99.9% (Service Level Objective or SLO). If Appy Pie does not meet the SLO, and if Customer meets its obligations under this SLA, Customer will be eligible to receive the Financial Credits described below. This SLA states Customer’s sole and exclusive remedy for any failure by Appy Pie to meet the SLO. Capitalized terms used in this SLA, but not defined in this SLA, have the meaning set forth in the Agreement. If the Agreement is the Appy Pie Reseller Agreement, then all references to “Customer” in this SLA mean “Reseller,” and any Financial Credit(s) will only apply for impacted Reseller order(s) under the Agreement.
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Definitions. The following definitions apply to the Appy Pie SLA:
- “Covered Service” means the components of the Service listed under Appy Pie’s enterprise plan.
- “Downtime” means more than a ten percent Error Rate.
- “Downtime Period” means, for an Application, a period of five consecutive minutes of Downtime. Intermittent Downtime for a period of less than five minutes will not be counted towards any Downtime Periods.
- “Error rate” for the Service is defined with the Covered Services.
- “Financial Credit” means the following:
- “Monthly Uptime Percentage” means total number of minutes in a month, minus the number of minutes of Downtime suffered from all Downtime Periods in a month, divided by the total number of minutes in a month.
|Monthly Uptime Percentage||Percentage of monthly bill for Covered Service which does not meet SLO that will be credited to future monthly bills of Customer|
|99.00% – < 99.9%||10%|
|95.00% – < 99.00%||15%|
Customer Must Request Financial Credit. In order to receive any of the Financial Credits described above, Customer must notify Appy Pie technical support within thirty days from the time Customer becomes eligible to receive a Financial Credit. Failure to comply with this requirement will forfeit Customer’s right to receive a Financial Credit.
Maximum Financial Credit. The aggregate maximum number of Financial Credits to be issued by Appy Pie to Customer for any and all Downtime Periods that occur in a single billing month will not exceed 50% of the amount due by Customer for the use of the Covered Service for the applicable month. Financial Credits will be made in the form of a monetary credit applied to future use of the Service and will be applied within 60 days after the Financial Credit was requested.
SLA Exclusions. The SLA does not apply to any: (a) features designated Alpha or Beta (unless otherwise set forth in the associated Documentation), (b) features excluded from the SLA (in the associated Documentation), or (c) errors: (i) caused by factors outside of Appy Pie’s reasonable control; (ii) that resulted from Customer’s software or hardware or third party software or hardware, or both; (iii) that resulted from abuses or other behaviors that violate the Agreement; or (iv) that resulted from being limited by quotas listed in the Admin Console.