SYNQ Media Service Level Agreement

Last updated February 12, 2018.

This SYNQ Media Service Level Agreement (this “SLA”) is a policy governing the use of the Included Products and Services (listed below) by you or the entity you represent (“you”) under the Terms of Use listed here: https://www.synq.fm/legal/ This SLA applies separately to each account using the Included Products and Services. Unless otherwise provided herein, this SLA is subject to the terms of use and capitalized terms will have the meaning specified therein. We reserve the right to change the terms of this SLA in accordance with the Terms of Use.

Included Products and Services

  • SYNQ Media API
  • SYNQ Media Dashboard
  • All SYNQ Media core services

Service committment

SYNQ will use commercially reasonable efforts to make the Included Products and Services each available with a Monthly Uptime Percentage (defined below) of at least 99.9%, in each case during any monthly billing cycle (the “Service Commitment”). In the event any of the Included Products and Services do not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

Definitions

  • “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which any of the Included Products and Services, as applicable, was not available for use by you. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Services SLA Exclusion (defined below).
  • A “Service Credit” is a dollar credit, calculated as set forth below, that we may credit back to an eligible account.

Service Committment and Service Credits

Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments such as upfront payments) for Included Products and Services for the monthly billing cycle in which unavailability occurred in accordance with the schedule below.

 

Monthly Uptime Percentage

Service Credit Percentage

Less than 99.9% but equal to or greater than 99.0%

10%

Less than 99.0%

15%

We will apply any Service Credits only against future SYNQ payments otherwise due from you. Service Credits will not entitle you to any refund or other payment from SYNQ. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than seven thousand five hundred ($7500 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the SYNQ Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failures by us is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

Credit request and Payment Procedures

To be eligible, the credit request must be sent to us via email (sla@synq.fm)  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 Unavailability incident that you are claiming;

If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, 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..

SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of SYNQ, or any other Included Products or Services performance issues: (i) that result from a suspension of your account due to violation of the Terms of Use; (ii) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of SYNQ Services; (iii) that result from any actions or inactions of you or any third party, including failure to acknowledge a recovery volume; (iv) 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); (v) that result from failures of individual instances or volumes not attributable to Amazon Region Unavailability; (vi) that result from any planned maintenance; or (vii) arising from our suspension and termination of your right to use SYNQ Products and Services.

Locations

SYNQ AS

Vest-Telemark Næringshage

Kviteseidgata 18

3850 Kviteseid

Norway