This Service Level Agreement (the “SLA”) describes the performance levels for the services accessed through the MeetingPulse website accessible at meetingpulse.net or meet.ps (the “Site”), MeetingPulse Add-Ins within third party software products, or third party integrations that include MeetingPulse products (collectively, the “Service”) operated by provided by InMoment Software, Inc (“InMoment”, “we” or “us”).
You should check this SLA and this Site periodically for modifications. InMoment may modify the Site and/or this SLA from time to time without notice to you. Any continued use by you of the Service after the posting of such modified SLA shall be deemed to indicate your irrevocable agreement to such modified SLA.
InMoment will not be responsible for failure to achieve the SLA to the extent resulting from:
- Issues in your environment affecting connectivity or interfering with the Services, including without limitation, your telecommunications connection or any of your other software or equipment (including outdated browsers and mobile devices), your firewall software, hardware or security settings, your configuration of anti-virus software or anti-spyware or malware software, or your operator errors;
- any third party software, hardware, or telecommunication failures, including internet slow-downs or failures;
- any event beyond the reasonable control of InMoment, including without limitation, fire, explosion, unavailability of utilities or raw materials, internet delays and failures, telecommunications failures, unavailability of components, labor difficulties, war, riot, act of God, quarantines, pandemic, export control regulation, laws, judgments or government instructions;
- issues related to third party domain name system (DNS) errors or failures;
- scheduled maintenance of the Service, conducted on a regular basis during non-peak hours; and
- emergency maintenance of the Service.
99.4% uptime of the Service.
Uptime is measured using known outage times over each calendar month. It is computed to the minute using the number of minutes in the calendar month.
If Service uptime drops below the threshold, a credit will be issued in the amount set forth below. For each hour of downtime below the relevant threshold, a credit will apply. The credit is determined as a percentage of the monthly fee, according to the priority of the incident.
In the case of an annual fee, the monthly fee is computed as the annual fee divided by 12.
Overall, aggregate credits in any month will not exceed 50% of the monthly fee.
When you raises a support issue, by emailing email@example.com, the maximum response time is 2 hours during UK business hours and/or US Pacific Coast business hours.
InMoment is deemed to respond when it has replied to the your initial request. The response may be in the form of email or phone call, to either provide a solution or request further information.
If response time is missed, a credit will be applied, as set forth below. For each hour, or fraction thereof, that the response time is missed, a percentage credit will apply based on the priority of the problem reported.
Aggregate response time penalties in a month will not exceed 50% of the monthly fee.
Except for the termination right below, the credits provided in this SLA constitute your sole and exclusive remedies and InMoment’s sole and exclusive liability for the matters set forth in this SLA.
InMoment will endeavor to resolve all problems as quickly as possible. However, due to the varying nature of problems that can occur, resolution times cannot be guaranteed.
RIGHT OF TERMINATION
InMoment recognizes that the Service provided is important to its clients. If InMoment consistently fails to meet the SLA, you may terminate your account and/or agreement with inMoment, as applicable, with no credits on written notice to InMoment. In such case, InMoment will refund to you the prorated portion of any prepaid, unused fees for the remainder of the relevant term.
This termination right is available to you if InMoment fails to meet the SLA more than 5 times in a single calendar month.