SLA Eligible Service

PRE:MIND Dashboard

• Uptime Percentage: for each individual SLA Eligible Service is calculated by us by subtracting from 100% the percentage of continuous five (5) minute periods during a given calendar month in which the applicable SLA Eligible Service was Unavailable excluding any Uptime Exclusions.
• Monthly 99.9%

SLA Eligible Service

PRE:MIND REST API

• Uptime Percentage: for each individual SLA Eligible API Service is calculated by us by subtracting from 100% the percentage of continuous five (5) minute periods during a given calendar month in which the applicable SLA Eligible API Service was Unavailable excluding any Uptime Exclusions.
• Monthly 99.9%

SLA Eligible Service

PRE:MIND Newsletter Extended

PRE:MIND Newsletter Enterprise

• Uptime Percentage: for each individual SLA Eligible Service is calculated by us by subtracting from 100% the percentage of seconds during a given calendar month in which the relevant SLA Eligible Service was Unavailable excluding any Uptime Exclusions.
• Monthly 99.9%

“Unavailable” or “Unavailability” means the following based on the specific SLA Eligible Service:

SLA Eligible Service

PRE:MIND Dashboard

• Unavailable is when one (1) or more of the SLA Eligible Services are not available for use.
• Unavailability is determined according to third party performance and monitoring services contracted by us at our sole discretion (the “Monitoring Service''). The Monitoring Service will be the sole determinator of unavailability. Provided that service issues or outages relating to any Uptime Exclusions shall not be deemed as unavailability. Unavailability is calculated per each individual SLA Eligible Service, not combined as a total, averaged, or aggregated across the SLA Eligible Service.

SLA Eligible Service

PRE:MIND REST API

• Unavailability is determined according to third party performance and monitoring services contracted by us at our sole discretion (the “Monitoring Service''). The Monitoring Service will be the sole determinator of unavailability. Provided that service issues or outages relating to any Uptime Exclusions shall not be deemed as unavailability. Unavailability is calculated per each individual SLA Eligible Service Platform Service, not combined as a total, averaged, or aggregated across the SLA Eligible Service Platform Services.

SLA Eligible Service

PRE:MIND Newsletter Extended

PRE:MIND Newsletter Enterprise

• Unavailable is when, in a given second, you attempt to make: (a) API calls to an SLA Eligible Service and all such API calls fail due to either an SLA Eligible Service server-side timeout or internal service error; and/or (b) SMTP injections into the SLA Eligible Service and all such SMTP injections fail due to either an SLA Eligible Service server-side timeout or internal service error.

Except for fraud or demonstrable material reporting errors, our data in respect of each SLA Eligible Service is binding and final.

For purposes of calculating whether we have met the applicable Uptime Percentage Threshold and notwithstanding anything to the contrary, a SLA Eligible Service will not be considered to be Unavailable if such Unavailability is caused by or arises out of one of the following (“Uptime Exclusions”):

• Factors outside of our reasonable control, including, without limitation, any force majeure event, weather event, influences of buildings and structures (where applicable to the relevant SLA Eligible Services), telecommunications provider-related problems or issues, internet access or related problems occurring beyond the demarcation point of our service (or of our direct hosting subcontractors (i.e beyond the point in the network where we maintain access and control over the relevant Services), compliance with a regulatory requirement, direction or like obligation under or pursuant to applicable law;
• Any action or inaction by you, your users, or any third party (other than our agents and subcontractors) including, where applicable to the SLA Eligible Services, your failure to comply with our instructions and your failure to provide reasonable access to relevant equipment;
• Issues resulting from or arising out of your applications (including Customer Applications), equipment, software or other technology and/or third party equipment, software or other technology not provided by PRE:MIND (including, if applicable, any of its Affiliates) under the Order Form;
• Our ability to suspend or terminate your access to the applicable Service in accordance with the Agreement;
• Non-production use of the Newsletter Service;
• Any scheduled maintenance;
• Unscheduled maintenance on the Push Notification API Service that is performed outside of normal business hours of 09:00 to 17:00 UTC, provided that we have used reasonable endeavors to give you at least four (4) hours’ advance notice;
• Emergency maintenance on the Services, including maintenance on critical system changes that cannot wait for scheduled maintenance;
• Use of the applicable SLA Eligible Service in breach of the Agreement;
• Beta Products; and
• Updates or modifications to Subprocessor Services, provided that Subprocessor Service notified you of possible updates or modifications;

In the event we do not meet the applicable Uptime Percentage Threshold for the SLA Eligible Service you purchased, you will be entitled to request the applicable Service Credit listed in the table below. In each case you believe you are entitled to a Service Credit, you must notify us of such entitlement based on the applicable Credit Request Procedure below.

Who cannot claim. You will not be eligible for any Service Credits if (i) you breached the Agreement, or (ii) your claim relates to an aspect of our Services for which Service Credits do not apply (including where Service Credits are not specified as applicable in any Order Form, the Agreement, the Product Specific Terms or otherwise), or (iii) if you use an SLA Eligible Service by means of a free or pay as you go plan through an online self service portal.

Platform Services

PRE:MIND Dashboard

• A credit of ten percent (10%) of the pro rata fee paid by you for the specific SLA Eligible Service experiencing Unavailability during the calendar month in which the Uptime Percentage falls below the Uptime Percentage Threshold.
• You must submit a ticket to support.tech@pre-mind.com within ten (10) days of the date in which the Unavailability occurred.
• The ticket must include (i) “SLA Claim” as the subject of the ticket; (ii) the dates and times of the Unavailability for which you are requesting credit; and (iii) any applicable information that documents the claimed outage. Failure to comply with these service credit request procedures will forfeit your right to receive a Service Credit.
• If we determine that you are eligible for a Service Credit, we will apply any such Service Credits within sixty (60) days after the Service Credit was approved by us.

Platform Services

PRE:MIND REST API

• A credit of ten percent (10%) of the pro rata fee paid by you for the specific SLA Eligible Platform Service experiencing Unavailability during the calendar month in which the Uptime Percentage falls below the Uptime Percentage Threshold.
• You must submit a ticket to support.tech@pre-mind.com within ten (10) days of the date in which the Unavailability occurred.
• The ticket must include (i) “SLA Claim” as the subject of the ticket; (ii) the dates and times of the Unavailability for which you are requesting credit; and (iii) any applicable information that documents the claimed outage. Failure to comply with these service credit request procedures will forfeit your right to receive a Service Credit.
• If we determine that you are eligible for a Service Credit, we will apply any such Service Credits within sixty (60) days after the Service Credit was approved by us.

Platform Services

PRE:MIND Newsletter Extended

PRE:MIND Newsletter Enterprise

• A credit of five percent (5%) of the pro rata fee paid for the relevant SLA Eligible Service during the calendar month in which the Monthly Uptime Percentage falls below the Monthly Uptime Percentage Threshold for that SLA Eligible Service. Service Credits for the SLA Eligible Service will not exceed fifty percent (50%) of fees payable for the SLA Eligible Service in a single month. Service credits that would be available but for this limitation will not be carried forward to a future billing period.
• To request a Service Credit, you must notify your Account Manager in writing by email within ten (10) days from the time you become eligible for a Service Credit, with a copy notice provided to support.tech@pre-mind.com.
• The email must include (i) “SLA Claim” as the subject of the email; (ii) the dates and times of the Unavailability for which you are requesting credit; and (iii) any applicable information that documents the claimed outage.
• If we determine that you are eligible for a Service Credit, we will apply any such Service Credits within sixty (60) days after the Service Credit was approved by us.