This Service Level Agreement (“SLA”) is subject to and made a part of the attached Service Agreement (the “Agreement”).
AMIGO Technology shall make the Services available 98% of the time, except as provided below. Availability will be calculated per calendar quarter, as follows:
For any partial calendar quarter during which the Client subscribes to the Services, availability will be calculated based on the entire calendar quarter, not just the portion for which the Client subscribed.
To the extent that aspects of the Services are reliant on Third Party Social Platforms, AMIGO Technology shall not be responsible for downtime of those platforms.
Should AMIGO Technology fail to make the Services available as set forth in 1 above in a calendar quarter, the Client may continue to use the Services but receive a refund for one full day of Fees for each active Campaign affected in that quarter for each full or partial hour of Campaign unavailability below the percentage specified in 1. In no case shall the total refund for any quarter exceed the lesser of £50,000 or 33% of the Fees paid by the Client for such quarter. Should AMIGO Technology fail to make the Services available as set forth in 1 above in two consecutive calendar quarters, the Client may, in lieu of receiving the above-described refund for the second quarter, terminate the Agreement by providing notice of termination in accordance with 4 below, in which case AMIGO Technology will refund to the Client any prepaid fees for the remainder of the Term(s) following the date of termination. The remedies described in this paragraph shall be the sole remedies available to the Client for breach of this SLA.
To claim a remedy under this SLA, the Client shall send AMIGO Technology a notice, via email addressed to [email protected] containing the following details:
All claims will be verified against AMIGO Technology’s system records. Should AMIGO Technology dispute any period of unavailability alleged by the Client, AMIGO Technology will provide to the Client a record of Service availability for the applicable period. AMIGO Technology will provide such records only in response to claims made by the Client in good faith.
Services designated in writing as beta, limited release, developer preview, development or test bed environments, or by descriptions of similar import are excluded from this SLA. AMIGO Technology shall have no obligations under this SLA during any period in which the Client is in material breach of this Agreement, including any period in which the Client has failed to meet its payment obligations thereunder.