1. Service Commitment:
In accordance with the Dash Social Terms of Service (the “Terms”), Dash Social will use commercially reasonable efforts to meet the performance standards set forth in this service level agreement (the “SLA”) for the Platform. Capitalized terms not defined in this SLA are defined in the Terms.
2. Platform Availability:
*uptime availability excludes (i) scheduled maintenance; (ii) unavailability caused by acts or omissions of Customer or its agents; (iii) unavailability caused by network unavailability or bandwidth limitations outside of Dash Social’s network; (iv) issues arising from problems in the software, firmware or hardware of Dash Social’s suppliers; (v) hacks, malicious introduction of viruses, disabling devices, and other forms of attacks that disrupt access to the Platform; (vi) power outages or other telecommunications or Internet failures; and (vii) events outside of Dash Social’s control. In the case of subsections (iv) and (v), such events shall be included in the calculation of Service Uptime if the outage could have been prevented by reasonable and customary precautions in the hosting industry, which precautions were not taken.
3. Technical Support and Problem Resolution:some text
3.1 Technical Support. Qualified Dash Social personnel are available for technical support 24 hours a day, 7 days a week, at support@dashsocial.com or via Dash Social’s in-Platform chat, in connection with any unavailability, malfunction, or defect in the Platform.
3.2 Issue Classification. The following definitions shall be used to classify performance Issues which shall be determined by Dash Social in accordance with Dash Social’s metrics and classifications:
3.3 Target Response and Resolution Times. The following table specifies the maximum amount of time it will take Dash Social to respond to Customer’s service request and to correct or find a workaround to the Issue.
4. Scheduled Maintenance:
Dash Social shall be entitled to perform scheduled maintenance on the Platform, provided that if such maintenance will create a deviation from the performance standards (a) Customer will receive at least 48 hours prior written notice of the date, time, and expected duration thereof; and (b) such maintenance will (i) not exceed 15 hours in total per calendar month; and (ii) be performed between the hours of 4:00 pm and 10:00 am Atlantic Time.
5. Emergency Maintenance:
Dash Social shall also be entitled to perform emergency maintenance on the Platform outside of the scheduled maintenance window. Dash Social will use reasonable efforts to notify Customer before commencing any emergency maintenance outside of the scheduled maintenance window and to limit impact to Customer.
6. Service Credits:
If Customer experiences any Category 1 Issues, Customer shall be entitled to a non-refundable, non-transferable credit based on the percentage of downtime. This credit will be applied toward future fees, or, if no future fees are due, will be paid to the Customer upon termination or expiration of the Agreement. Customer must notify Dash Social in writing of the credit request as soon as reasonably possible, but no later than 30 days after the Category 1 Issue occurs.
7. Right to Terminate:
If Dash Social fails to meet the Service Uptime for 2 consecutive calendar months or for any 3 calendar months within any 12 month period, then by notice given within 30 days after the end of the month which triggered Customer’s right to terminate, Customer may terminate the Agreement and Customer’s subscription effective 30 days after receipt of the notice, and receive a refund of any pre-paid fees for periods after the effective date of termination as Customer’s sole and exclusive remedy.
8. Definitions
An “Issue” does not include any problem with or damage to the Platform to the extent caused by: (i) Customer’s negligence, abuse, misuse, improper handling and/or use; (ii) modifications by anyone other than Dash Social or its contractors; (iii) Customer’s failure to operate the Platform in accordance with the Agreement or user guides; or (iv) events outside of Dash Social’s control.“Response Time” is the period of time between receipt of the Issue description by Dash Social’s Customer Support and initial response to Customer.“Workaround or Resolution Time” is the period of time in which Dash Social will diagnose and resolve an Issue or provide a mitigation to the Issue. Workaround or Resolution Time begins at the end of the applicable Response Time period.
9. The terms of this SLA constitute the sole and exclusive rights and remedies of Customer in respect of any service level deficiencies or other Platform performance issues.