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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 change the terms of this SLA in accordance with the Terms.
"SwoopTalent Talent Data Cloud" (TDC) means your data and any public data available through the SwoopTalent product.
"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 TDC were Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SwoopTalent SLA Exclusion.
"Service Credit" means a credit denominated in US dollars, calculated as set forth below, that we may credit back to an eligible account.
"Unavailable" and "Unavailability" mean when the service and database are unavailable via login or API to users with appropriate credentials.
SwoopTalent will use commercially reasonable efforts to make the SwoopTalent Talent Data Cloud (private and public clouds) available with a Monthly Uptime Percentage of at least 99.95% during any monthly billing cycle (the "Service Commitment"). Subject to the SwoopTalent 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 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 SwoopTalent. 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 USD). 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 TDC 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 email@example.com. To be eligible, the credit request must be received by us by the end of the second 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.
In support of services outlined in this Service Level Agreement, we will respond to service related incidents and/or requests submitted by the Customer within the following time frames:
Remote assistance will be provided in-line with the above timescales dependent on the priority of the support request. Online help and support is available 24-7 via our support portal.
The Service Commitment does not apply to any unavailability, suspension or termination of the SwoopTalent Services, or any other SwoopTalent 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.