This Pinnacle Software Services Service Level Agreement (“SLA”) is a policy governing the use of Pinnacle Software Services Portal under the terms of the Pinnacle Software Services Customer Agreement (the “PSS Agreement”) between Pinnacle Software Services Ltd and its affiliates (“PSS”, “us” or “we”) and users of PSS’ services (“you”). This SLA applies separately to each account using Pinnacle Software Services Portal. Unless otherwise provided herein, this SLA is subject to the terms of the PSSS Agreement and capitalised terms will have the meaning specified in the PSS Agreement. We reserve the right to change the terms of this SLA in accordance with the PSS Agreement.
PSS will use commercially reasonable efforts to make the Pinnacle Software Services Portal available with a Monthly Uptime Percentage (defined below) of at least 99.9% during any monthly billing cycle (the “Service Commitment”). In the event Pinnacle Software Services Portal does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.
Definitions
“Error Rate” means: (i) the total number of internal server errors returned by Pinnacle Software Services Portal divided by (ii) the total number of requests during that five-minute period. We will calculate the Error Rate for each Pinnacle Software Services Portal account as a percentage for each five-minute period 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 Pinnacle Software Services Portal SLA Exclusions (as defined below).
“Monthly Uptime Percentage” is calculated by subtracting from 100% the average of the Error Rates from each five-minute period in the monthly billing cycle.
A “Service Credit” is a pound credit, calculated as set forth below, that we may credit back to an eligible account.
Service Credits are calculated as a percentage of the total charges paid by you for the Pinnacle Software Services Portal for the billing cycle in which the error occurred in accordance with the schedule below.
| Monthly Uptime Percentage | Service Credit Percentage |
|---|---|
| Equal to or greater than 99% but less than 99.9% | 10% |
| less than 99% | 25% |
We will apply any Service Credits only against future Pinnacle Software Services Portal payments otherwise due from you. At our discretion, we may issue the Service Credit to the credit 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 PSS. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one pound (£1 GBP). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the PSS Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide Pinnacle Software Services Portal is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
To receive a Service Credit, you must submit a claim by opening a case in the PSS Support Centre. 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:
1. the words “SLA Credit Request” in the subject line;
2. the dates and times of each incident of non-zero Error Rates that you are claiming; and
3. 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 99.9%, 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.
The Service Commitment does not apply to any unavailability, suspension or termination of the Pinnacle Software Services Portal, or any other Pinnacle Software Services Portal performance issues:
1. That result from a suspension described in Section 6.1 of the PSS Agreement;
2. Caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of the Pinnacle Software Services Portal;
3. That result from any actions or inactions of you or any third party;
4. 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);
5. Arising from our suspension and termination of your right to use the Pinnacle Software Services Portal in accordance with the PSS Agreement;
6. That result from exceeding usage limits stated in the Pinnacle Software Services Portal documentation; or
7. That result from use of an origin server other than the PSS server (collectively, the “Pinnacle Software Services Portal SLA 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.
