Service Level Agreement

Our Service Level Agreement (SLA) for customers on the paid subscription guarantees a 99.5% Monthly Uptime.

We have designed our SLA to be clear and simple – based directly on the information we make publicly available on the WebSpellChecker Status page.

If we fall short of our 99.5% uptime guarantee, we will provide an eligible Service Credit based on the period when the Services were down.

This WebSpellChecker Service Level Agreement (“SLA”) governs the use of the WebSpellChecker Services (“Services”) under the terms of the WebSpellChecker Terms of Service (the “TOS”) between WebSpellChecker LLC (“WebSpellChecker”, “us” or “we”) and you (“you” or “Customer”). This SLA applies separately to each subscription using the Services. Unless otherwise provided herein, this SLA is subject to the terms of the TOS and capitalized terms will have the meaning specified in the TOS. WebSpellChecker reserves the right to change the terms of this SLA in accordance with the TOS.

Service Commitment

We will use commercially reasonable efforts to make the Services available 99.5% of the time. In the event we do not meet the goal of 99.95% Service availability in a given calendar month (“Monthly Uptime Percentage”), you will be eligible to receive a Service Credit as described below.

Definitions

The following capitalized terms shall be given the meaning set forth below:

Unavailable Time means the Services are not available for use according to third party performance and monitoring services contracted by WebSpellChecker at its sole discretion (the “Monitoring Service”). The Monitoring Service reports of availability is currently available at status.webspellchecker.net; provided that Services issues or outages relating to any Exclusions (defined below) shall not be deemed as Unavailable Time.

Monthly Uptime Percentage is calculated by subtracting from 100% the percentage of continuous 5 minute periods during the Service Month in which the Services were in a state of “Unavailable Time” as identified by Monitoring Service.

A Service Credit is a US dollar credit, calculated as set forth below, that WebSpellChecker may credit back to an eligible Customer subscription:

  • For a calendar month, where the Uptime Monthly Percentage, as identified by Monitoring Service, WebSpellChecker, at its sole discretion after confirming the nature and accuracy of the Unavailable Time, will credit Customer’s subscription a percentage of that month’s billings, as defined by this table:
Monthly Uptime PercentageService Credits
<99.5%10%
  • Service Credit shall be issued to Customer’s balance for future use only. No refunds or cash value will be provided. Service Credits may not be transferred or applied to any other subscription.

Credit Request and Payment Procedures

To apply for a Service Credit, you must submit a request via contact us form within 30 days of the month in which the Unavailable Time occurred. The request must include (i) “SLA Claim” as the subject of the request; (ii) the dates and times of the Unavailable Time for which you are requesting credit; and (iii) any applicable information that documents the claimed outage.

Exclusions

Notwithstanding anything to the contrary, no Unavailable Time shall be deemed to have occurred with respect to any unavailability, suspension or termination of the Services, or any other Services performance issues, that

(i) are caused by factors outside of WebSpellChecker’s reasonable control, including, without limitation, any force majeure event, carrier related problems or issues, or Internet access or related problems beyond the demarcation point of WebSpellChecker or its direct hosting subcontractors (i.e beyond the point in the network where WebSpellChecker maintains access and control over the Services);

(ii) result from any actions or inactions of Customer or any third party (other than WebSpellChecker’s direct hosting subcontractor);

(iii) result from applications, equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within WebSpellChecker’s direct control); or

(iv) arise from WebSpellChecker’s suspension and termination of Customer’s right to use the Services in accordance with the TOS,

(v) scheduled maintenance; or

(vi) problems or issues related to alpha, beta or not otherwise generally available WebSpellChecker features or products (collectively, the “Exclusions”).

Sole Remedy

Service Credits shall be your sole and exclusive remedy for any unavailability or non-performance of the Services or other failure by us to provide the Services.