Last Updated: October 22, 2020
This Seetalabs Ronin Service Level Agreement (“SRSLA”) is a policy governing the use of Seetalabs Ronin and applies separately to each account using Seetalabs Ronin In the event of a conflict between the terms of this SRSLA and the terms of the Seetalabs Customer Agreement or other agreement with us governing your use of our Services (the “Agreement”), the terms and conditions of this SRSLA apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.
Seetalabs will use commercially reasonable efforts to make Seetalabs Ronin Analytics available with a Monthly Uptime Percentage worldwide, during any monthly billing cycle, of at least 99.9% (the “Service Commitment”). In the event Seetalabs Ronin does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.
Service Credits are calculated as a percentage of the total charges paid by you for Seetalabs Ronin for the monthly billing cycle in which the Monthly Uptime Percentage fell within the ranges set forth in the table below:
|Monthly Uptime Percentage||Service Credit Percentage|
|Less than 99.9% but greater than or equal to 99.0%||1%|
|Less than 99.0% but greater than or equal to 95.0%||2%|
|Less than 95.0%||5%|
We will apply any Service Credits only against future Seetalabs Ronin payments otherwise due from you. At our discretion, we may issue the Service Credit as a a 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 Seetalabs. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one euro (€1 EURO). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide Seetalabs Ronin is the receipt of a Service Credit (if eligible) in accordance with the terms of this SRSLA.
Credit Request and Payment Procedures
To receive a Service Credit, you must submit a claim by sending a case to firstname.lastname@example.org To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:
- the words “RSLA Credit Request” in the subject line;
- the dates, times, and SEETALABS region(s) of each incident of non-zero Error Rates that you are claiming; and
- your request logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).
If the Monthly Uptime Percentage applicable to the month 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 and other information as required above will disqualify you from receiving a Service Credit.
Seetalabs RSLA Exclusions
The Service Commitment does not apply to any unavailability, suspension or termination of Seetalabs Ronin, or any other Seetalabs Ronin performance issues: (i) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of Seetalabs Ronin; (ii) that result from any actions or inactions of you or any third party; (iii) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); (iv) that result from failure to follow the guidelines or exceeding the licence limitations or due to a bad dataset (i.e. badly formatted CSV or files not compliant to our XLSTOCSV procedure); or (v) arising from our suspension or termination of your right to use Seetalabs Ronin in accordance with the Agreement (collectively, the “Seetalabs RSLA Exclusions”). If availability is impacted by factors other than those used in our calculation of the Error Rate, then we may issue a Service Credit considering such factors at our discretion.
- “Error Rate” means: (i) the total number of internal server errors returned by Seetalabs Ronin as error status “InternalFailure” or “ServiceUnavailable” divided by (ii) the total number of requests for the applicable request type during that five minute interval. We will calculate the Error Rate for each Seetalabs Ronin account as a percentage for each five minute interval in the monthly 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 Seetalabs SRSLA Exclusions.
- “Monthly Uptime Percentage” is calculated by subtracting from 100% the average of the Error Rates from each five minute interval in the monthly billing cycle.
- A “Service Credit” is a euro credit, calculated as set forth above, that we may credit back to an eligible Seetalabs Ronin account.