2. Service Level
HERO will issue the Service Level Credits for Service events in accordance with the provisions of this SLA and shall accordingly set off any outstanding Service Level Credits against future invoices payable by the Customer on comparable services.
2.1 Notification of Service Level Events
The Customer must notify HERO in writing of any event which it believes has occurred and which qualifies for a Service Level Credit and which has not been detected and the Service Level Credit issued automatically by HERO. The Customer may issue a claim for a Service Level Credit either via the dedicated support ticket system available on the Platform or by emailing support@gohero.io. Notice of any claim must be received within twenty (20) days of the occurrence, providing (a) a detailed description of the incident; (b) information regarding the time and duration of the downtime; and (c) descriptions of attempts to resolve the incident at the time of occurrence. Upon receiving the claim HERO shall evaluate the claim and make a good faith determination of whether a Service Credit is owed.
2.2 Exclusive Remedy
Service Credits are the Customer’s sole and exclusive remedy for any Availability issues under this SLA. The Customer may not unilaterally offset for any Availability issues.
2.3 Planned Maintenance
In the event that it is anticipated that Availability of the Service may be affected or restricted by planned maintenance undertaken by HERO or a subcontractor, HERO will use commercially reasonable endeavours to provide reasonable notice to the Customer regarding any matter that affects a core and fundamental feature of the Service, and at least 24 hours’ notice regarding a part of the Service and which is not fundamental to its functionality, detailing the date and estimated time for such restriction or lack of access, and will perform such maintenance or put in place any changes, modifications or upgrades to the Service outside of Business Hours, except where it warrants immediate action, in which case HERO may perform such maintenance immediately.
2.4 Performance Objective
HERO guarantees that the performance of the Service will meet the following minimum standards (the “Performance Objective”):
- The Service Availability will exceed 99.5% over each calendar month during the Subscription Term; and
- Not less than 99.5% of requested API actions will succeed within each calendar month.
2.5 Exclusions
Service Levels and Service Level Credits apply only to the Customer and not to any Authorised Users or to any other party. The Customer is not entitled to any Service Level Credit if the Customer (a) has not paid all amounts due under this agreement (b) is in breach of the MSA. In addition, HERO shall have no liability to provide the Services in accordance with any applicable Service Level or to provide any Service Level Credits if the failure to provide the Services in accordance with the Service Level is due, in whole or in part, to any of the following:
- Planned HERO Maintenance: repairs, upgrades and modifications to shared core infrastructure, provided that these activities are performed in accordance with clause 2.3; or
- External Network Conditions: resulting general Internet network conditions outside the reasonable control of HERO;
- the Customer’s unauthorised actions or inaction when required; or
- the failure or improper configuration of the Customer’s network infrastructure; or
- the Customer’s use of third-party software or hardware; or
- a Force Majeure Event.
2.6 Service Credit Levels
The amount of any Service Credit due under this Service Level Agreement will be limited to the following levels, which are expressed as a percentage of the total Fees payable in respect of the Billing Period in which the Service outage occurred, and in any case, the maximum Service Level Credits that may be earned for any calendar month shall not exceed 100% of the monthly revenue of the affected Services.
<99.5%
>=99.0%
10%
<99.0%
>=98.0%
20%
<98.0%
>=95.0%
30%
<95.0%
>=90.0%
50%
<90.0%
100%
