Service Level Agreement (SLA)

Purpose

This SLA defines the performance standards, responsibilities, and procedures for managing the YakChat Services.

Scope

This SLA applies to the services provided by YakChat to customers and partners, defining the service availability commitments, support response times, service credit entitlements, and the circumstances under which YakChat’s obligations are excluded..

Definitions

The following defined terms apply to this Service Level Agreement for the Services as defined below (“SLA”).

Service Commitment and Credits

The Monthly Uptime Percentage Threshold and the associated Service Credit Percentage is provided in the table below:

The Customer is eligible to request pursuant to Section 4 (Service Credit Request) a Service Credit if the Actual Monthly Uptime Percentage is less than the applicable “Monthly Uptime Percentage Threshold”;

The Service Credit is calculated by multiplying the Service Credit Percentage set forth in section 2.1 by the fees the Customer actually incurs for the affected Services for the applicable calendar month;

Customer Support

Support Hours

Customer support is provided during Business Hours which is defined following table:

Response Times

Technical support target response times are provided in the following table:

The support portal at https://support.yakchat.com is used to contact technical support or email support@yakchat.com.  Customer services is available via Web Chat or email at

The service status is available at

Service Credit Request

To receive a Service Credit, Customer must submit a request to Customer Services via email to info@yakchat.com within thirty (30) days from the last day of the calendar month in which Customer claims YakChat failed to meet the applicable Monthly Uptime Percentage Threshold. All submissions must include: (a) “SLA Claim” as the subject of the email; (b) the dates and times of Unavailable Monthly Time calculated based on the status page available at https://status.yakchat.com and any documentation of the Unavailable Monthly Time. Any Service Credit will be applied to future amounts payable by Customer to YakChat for the Services. Service Credits are not available in the form of refunds;

Exclusions

Notwithstanding anything to the contrary in this Agreement, no Unavailable Monthly Time will be deemed to have occurred if it: (a) is caused by factors outside of YakChat’s reasonable control, including, without limitation, telecommunications provider-related problems or issues, Internet access or related problems occurring beyond the point in the network where YakChat maintains access and control over the Services; (b) results from any actions or inactions of Customer or any third party (except for YakChat’s agents and subcontractors); (c) results from any Customer Application(s), Customer’s equipment, software, or other technology, add-on services, or third-party equipment, software, or other technology (except for equipment within YakChat’s direct control); (d) occurs during YakChat’s scheduled maintenance for which YakChat will provide at least twenty-four (24) hours prior notice; (e) occurs during YakChat’s emergency maintenance (maintenance that is necessary for purposes of maintaining the integrity or operation of the Services), regardless of the notice provided by YakChat; (f) results from any Services that are identified as alpha, beta, not generally available, limited release, developer preview, or any similar Services offered by YakChat; or (g) is less than five (5) minutes of continuous unavailability in duration (collectively, “Excluded Monthly Times”);

Entire SLA Liability

The Service Credits set forth in this SLA are YakChat’s sole and entire liability to Customer, and Customer’s sole and exclusive remedy, for YakChat’s failure to meet any Monthly Uptime Percentage Threshold.

Version Control