1. Definitions and Interpretation
This Service Level Agreement (SLA) forms part of the Agreement. In this SLA, definitions and any rules of construction in the Terms of Service to which this SLA is attached, are hereby incorporated into this SLA by reference.
2. Availability Target
We will use our best endeavours to make the Ordered Products and Services, as measured over each calendar month during the Term (each such calendar month, a Service Period), at least 99% of the time, excluding only the time it is not Available solely as a result of your breach of the Agreement, the Merchant Website, a Scheduled Outage, an outage of any infrastructure or hosting service or a Force Majeure Event. ‘Available’ means an Ordered Product and/or Service that is available and operable for access.
3. Provision of Support Services
We will use our best endeavours to respond to any request for technical support with respect to any reproducible malfunction in the Ordered Products and Services that you report to us that prevents the Ordered Products and/or Services from performing materially in accordance with the Documentation (Error) as soon as reasonably practicable (collectively, the Support Services).
4. Support Services Conditions
You must provide us with prompt access to your Personnel, technical environment, and any software, systems, equipment, and networks via remote access, as reasonably required by us to provide the Support Services.
The Support Services are limited to the provision of telephone and email support during Business Hours to your designated Personnel approved by us (Support Staff) to answer questions from your Support Staff.
The Support Services will be provided through our technical support hotline (via telephone or email) which operates during Business Hours.
If you require Support Services during the Term, you must notify us that you require technical support (Support Request) in accordance with the following procedure:
you must issue a Support Request to us via telephone or email in accordance with clause 4.3 of this SLA;
when issuing a Support Request, you must ensure that you provide to us:
a detailed description of the Error; and
any other information reasonably required by us.
We shall have no obligation to provide any Support Services with respect to the Ordered Products and Services to any of your third party developers, Personnel or Customers, other than your Support Staff.
You must provide Level 1 Technical Support to End Users. “Level 1 Technical Support” means gathering and analysing information about the End User’s issue and determining the best way to resolve their problem by providing basic support and troubleshooting, such as password resets, break/fix using predefined instructions, and escalation to a Support Request.
We may temporarily suspend the operation of Ordered Products and Services or your access to them as reasonably required by us to perform the Support Services.
5. Exclusions
We shall have no obligation to provide any Support Services or other technical support with respect to the Ordered Products and Services other than as expressly required pursuant to this SLA. In addition, and without limiting the foregoing provisions, we shall have no obligation to provide Support Services:
for Errors occurring during a planned or scheduled outage by us or our hosting providers;
with respect to any Error resulting from your and/or your third party developer’s, Personnel’s or Customers’ action or inaction;
for errors caused by or in connection with a Force Majeure Event;
any Errors caused by modification of any Ordered Products or Services by you or your Personnel;
for Errors resulting from third party software bugs and defects;
with respect to Errors caused by or relating to your technical environment;
with respect to any Error caused by your and/or your Personnel’s breach of the Agreement;
with respect to any Error caused by a third party developer’s breach of a third party developer licence agreement; or
if you have failed to pay any outstanding Fees to us as and when due and payable.