This document outlines the service levels to be provided in the delivery of Every 8th, an all-in-one software-as-a-service (SaaS) solution featuring a content management system (CMS), rapid application development environment, and cloud hosting platform, by Every 8th Inc. (“Every 8th”). It also provides the service delivery parameters, against which the delivery of Every 8th SaaS will be evaluated. Based on this evaluation, Client may be entitled to an adjustment to the Service Credits for the services paid for.
For the purpose of measuring the quality of service (QoS) that we are delivering to Client, we provide the following commitment:
The SaaS Services Uptime Metric shall be measured using our monitoring and reports of the server uptime, process monitoring software running twenty-four hours, seven days a week (24 x 7).
On a quarterly basis, the SaaS Services Uptime Metric will be measured using the measurable hours in the quarter (total time minus planned downtime, including maintenance, upgrades, etc.) as the denominator. The numerator is the denominator minus the time of any outages in the quarter (duration of all outages combined) to give the percentage of available uptime. An "outage" is defined as a continuous failure by the monitoring system to access the dashboard for a five-minute period lasting.
The SaaS Services Uptime Metric shall not apply to performance issues caused by the following:
In addition to scheduled maintenance, upgrades, patches and redundancy testing, we may require additional downtime. The downtime will be scheduled in advance and Client will be notified via email at least forty-eight (48) hours in advance (or longer if practical). The Client understands and agrees that there may be instances where we need to interrupt the services without notice in order to protect the integrity of the Services due to security issues, virus attacks, spam issues or other unforeseen circumstances.
Every 8th Inc. will provide to Client the following support:
Services failing to meet the support agreement listed above will be subjected to SaaS Service Credits.
Every 8th Inc. will store Client data for the unlimited duration for the active (paid) accounts according to the selected package.
In case of non-payment for any reason or any violation of these Terms of Service, Every 8th Inc. shall be entitled - without liability - to immediately bar Client's access to the Services and bar access to the service plan in question, and to terminate Client’s account.
In case of termination of account, we reserve the right to impose a reconnection fee in the event Client requests to resume access to the Services. Client agrees and acknowledges that Every 8th Inc. has no obligation to retain any data and that such data may be irretrievably deleted if the account is 90 days or more delinquent.
Terminated (unpaid) accounts' data will be kept for the period of 90 days.
Every 8th Inc. will provide a SaaS Services Uptime Metric Report in Accordance with this document to the Client upon request. If the Client does not agree with the Uptime Metric Report, written notice of the dispute must be provided within fifteen (15) days of the Uptime Metric Report.
Our exceeding, meeting, or failing to meet the SaaS Services Uptime Metric as measured over any quarter may be reflected in adjustments to the duration of the paid time (monthly and annually) of the Client pursuant to the following schedule (“Service Credits”):
|Between 99.9% – 100%||Meet goals|
|Between 98.0% – 99.8%||Tolerable||Five (5) day extension of the term of the SaaS at no cost to Client|
|Below 98.0%||Unacceptable||Ten (10) day extension of the term of the SaaS at no cost to Client|
SaaS Ratings below 98.0% for a quarter shall be escalated by both parties for the individual review, as outlined in this schedule.
The SaaS Service Credits shall be cumulative and extend the initial term of the SaaS period paid for (monthly payment option) by the Client at no cost to Client. For (annual payment option) Client, the SaaS Service Credits will be added to the end of the payment term as stated in the invoice; any renewal of SaaS agreement shall be effective after SaaS Service Credits have been fully utilized.
The annual Service Credits are capped at thirty (30) days per annum.