This Member Hub Service Level Agreement ("SLA") between Daniel Draper ("Member Hub", "us" or "we") and users of the Member Hub Services ("you") governs the use of the Member Hub Services under the provisions of the Member Hub Terms of Service (the "Terms").
This SLA applies to each account under our shared environments.
Unless otherwise provided herein, this SLA is subject to the provisions of the Terms. Capitalized words and phrases have the meaning specified in the Terms. We reserve the right to update and change the SLA from time to time without notice. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and continued use of the Site after any such changes shall constitute your consent to such changes. If you do not agree with the changes, you should cease to access and use the Site. You can review the most current version of the SLA at any time.
Member Hub will use commercially reasonable efforts to make the Services available with a Monthly Uptime Percentage of at least 99.95% during any monthly billing cycle (the "Service Commitment"). Subject to the Member Hub SLA Exclusions, if we do not meet the Service Commitment, you will be eligible to receive a Service Credit.
A Monthly Uptime Percentage of 99.95% means that we guarantee you will experience no more than 21.56 min/month of Unavailability.
Service(s): A mobile device application or web site including its functions, tools, Content and related and services. May also be referred to as app, website or by name.
Maintenance: means scheduled Unavailability of the Services, as announced by us prior to the Services becoming Unavailable.
Monthly Uptime Percentage: is calculated by subtracting from 100% the percentage of minutes during the month in which the Member Hub Services were Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Member Hub SLA Exclusion.
Service Credit: means a credit denominated in AU dollars, calculated as set forth below, that we may credit back to an eligible account.
Unavailable and Unavailability: means
Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments, e.g. for training, etc.) for the monthly billing cycle in which the Unavailability occurred in accordance with the schedule below:
We will apply any Service Credits only against future payments for the Services otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment from Member Hub. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 AUD). Service Credits may not be transferred or applied to any other account.
Unless otherwise provided in the Terms, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the Member Hub Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
To receive a Service Credit, you must submit a claim by emailing firstname.lastname@example.org. To be eligible, the credit request must be received by us by the end of the billing cycle after which the incident occurred and must include:
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.
The Service Commitment does not apply to any unavailability, suspension or termination of the Member Hub Services, or any other Member Hub Service performance issues:
If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.