Capitalized terms herein shall have the meaning set out in the Terms of Service or as defined in this policy (the “Service Level Policy”). The definitions and interpretation rules set out in the Terms of Service shall be applicable to this Service Level Policy. For the avoidance of doubt, this Service Level Policy is provided for information purposes only and does not create any right to legal remedies, including any right to service credits, refunds, or other compensation.
- Availability
Envoice will use commercially reasonable efforts to make the Envoice Products available for 99.95% of the time during any calendar month during the validity of the Terms.
“Availability” will be calculated per calendar month, as follows:
where:
“Total” means the total number of minutes for the calendar month.
“Non-Excluded” means downtime and/or unavailability that is not excluded as Service Level Exclusions.
“Excluded” means the Service Commitment Exclusions.
- Service commitment exclusions
The service commitment of Availability does not apply to any unresponsiveness of the Envoice Products (the “Unavailability”), outage, suspension, or termination of any Envoice Product performance issues (the “Service Level Exclusions“):
- that are caused by factors outside of Envoice’s reasonable control, including any force majeure event; network intrusions; unresponsiveness, suspension or termination of Client or third-party systems (including Third-Party Applications), other parties to integrations, software, infrastructure; or denial of service attacks;
- any outages that result from any actions or inactions of the Client or any third parties engaged by the Client, missing Client Data, errors caused by the Client code or third-party code, or usage capacity in excess of the Client purchased amount or excess of reasonable use limitations;
- any outages related to emergency maintenance to Envoice Products (for example, to install security fixes);
- any outages resulting from scheduled maintenance . Envoice notifies the Client upon scheduling the maintenance and 24 hours prior to the commencement of the maintenance work.
In addition, unresponsiveness or erroneous response of some specific features or functions within the Platform, while other features remain available, will not constitute Unavailability of the Envoice Product, so long as the unresponsive or erroneously responding features or functions are not, in the aggregate, material to Envoice Products.
In the event of any outages described above, Envoice will use commercially reasonable efforts to minimize any disruption, inaccessibility and/or inoperability of the Envoice Product in connection with outages, whether scheduled or not. Such efforts will include instances in another availability zone if available.
