Enterprise Service Level Agreement

This SiteVibes.com Enterprise Service Level Agreement (the “SLA”) applies to the SiteVibes.com Enterprise Services and the SiteVibes.com Enterprise Terms of Use (the “Agreement”).  This SLA is incorporated into and forms part of the Agreement applicable to your access to and use of the SiteVibes.com Enterprise Services.  Capitalized terms not defined in this SLA have the meanings given them in the Agreement.

CAPITALIZED TERMS

“Service Availability” means the uptime of the SiteVibes.com Platform and is measured by subtracting the total minutes of Service Interruption in a given month from the total minutes in such month, divided by the total minutes in such month and then multiplied by 100.

“Service Interruption” means, except for scheduled system maintenance, the period of time that the SiteVibes.com Platform is either (a) not available for Customer log-in or (b) substantially not functioning. API Interruptions and other circumstances beyond our control will not constitute Service Interruptions.

“API Interruptions” means interruptions due to independent integrations, including, but not limited to Order Management Systems, E-commerce Platforms, Twitter, Facebook, LinkedIn, YouTube, Instagram, and other Social Networks.

“SiteVibes.com Platform“ means SiteVibes.com’s proprietary software, content, text, images, media, and other materials delivered through our web platform www.sitevibes.com (including successor domain names and sites) and mobile applications.

SERVICE AVAILABILITY 

The SiteVibes.com Platform will have a Service Availability of at least 99.9% of the time in any calendar month (the “Service Availability SLA”).  Where reasonably possible, SiteVibes.com will provide at least 24 hours advance notice to Customer of scheduled maintenance in excess of 30 minutes.  If SiteVibes.com does not meet the Service Availability SLA, and Customer is current on all Fees due under the terms of the Agreement, Customer will be eligible to receive the Service Credits described below.   “Service Credits” means days of Enterprise Services added to the end of the Subscription Term at no charge to Customer.   This Service Availability SLA states Customer’s sole and exclusive remedy for any failure by SiteVibes.com to meet the Service Availability SLA.

CUSTOMER MUST REQUEST SERVICE CREDIT

In order to receive any of the Service Credits described above, Customer must notify SiteVibes.com within 30 days from the day Customer becomes eligible to receive a Service Credit. Failure to comply with this requirement will forfeit Customer’s right to receive a Service Credit.

MAXIMUM SERVICE CREDIT 

The aggregate maximum number of Service Credits to be issued by SiteVibes.com to Customer in a single calendar month will not exceed 15 days of Enterprise Services added to the end of Customer’s Subscription Term. Service Credits may not be exchanged for, or converted to, monetary amounts.

CUSTOMER SUPPORT 

SiteVibes.com will provide Customer with standard support 24 hours per day, 7 days per week in English by sending an email to [email protected] or by logging into the SiteVibes.com dashboard and submitting a ticket through the support portal.

EXCLUSIONS FROM SLA CREDIT 

• Any Service Interruption caused by matters beyond our reasonable control, including but not limited to a strike, blockade, war, act of terrorism, riot, natural disaster, failure or reduction of power or telecommunications or data networks or services, or government acts.‍
• Any Service Interruptions from systems outside those identified in an Order Form such as, but not limited to, Customer-managed servers, network, and processes.
• Any API Interruptions.
• Any Service Interruptions while using a Free Access Subscription or Beta Release.
• Any Service Interruptions caused by your failure to modify your use of the SiteVibes.com Enterprise Service after SiteVibes.com has advised you that modifications are necessary for the Enterprise Service.