Last updated: October 20, 2021
This Service Level Agreement (“SLA”) is a supplement to, and made a part of, the commercial services agreement and/or terms between User Interviews and Customer (“Agreement”). In the event of an express conflict between the terms of the Agreement and the terms of this SLA, the terms of this SLA control. Unless otherwise provided herein, all capitalized terms used in this SLA have the meaning ascribed to them in the Agreement.
Subject to the terms and conditions of the Agreement, User Interviews will provide the following support for the Services during the applicable Subscription Period. The remedies set forth herein are Customer’s sole and exclusive remedies in respect of any default by User Interviews under this SLA.
1. Updates. User Interviews will provide core bug fixes for the Services which are made generally commercially available to its customers at no additional charge in the next chronological minor release of the platform.
2. Technical Support. All requests for technical support must be submitted to User Interviews via email to projects@userinterviews.com. User Interviews will respond to such requests by email within twenty-four (24) Business Hours. If a technical issue renders the Services wholly unavailable (a “Critical Issue”), User Interviews will use commercially reasonable efforts to correct the problem or implement a workaround as soon as practicable. All other issues and problems will be corrected in the next chronological minor release of the platform. A “Business Day” means any calendar day other than Saturday, Sunday or a day on which commercial banks in the U.S. are authorized or required to be closed. “Business Hours” shall be from 9:00 AM to 5:00 PM U.S. Eastern Standard Time, on Business Days.
3. Uptime. User Interviews will use commercially reasonable efforts to make the Services available for use by Customer free of any Critical Issues 99% of the time, measured monthly (“Uptime Commitment”). Unless otherwise agreed in writing by the parties, User Interviews will not be responsible for providing support services for, and the Uptime Commitment excludes: (i) planned downtime of which User Interviews provides Customer at least twenty-four (24) hours’ advance notice; (ii) downtime arising from a force majeure event or circumstances beyond User Interviews’ reasonable control, including without limitation outages associated with third-party systems that User Interviews communicates with on behalf of Customer; (iii) downtime arising from acts or omissions of Customer or its employees, contractors or agents, including without limitation any modifications to the Services made by or for Customer (other than by User Interviews or its subcontractors) and any improper use of the Services; (iv) downtime arising from defects in the Customer Equipment; or (v)
downtime arising from use of the Services with any Equipment not supplied or recommended by User Interviews.
4. Service Credits. In the event of a Critical Issue, Customer must notify User Interviews via email to projects@userinterviews.com and User Interviews will use commercially reasonable efforts to correct the problem or implement a workaround as soon as practicable. If User Interviews does not meet the Uptime Commitment and Customer has provided the required notice to User Interviews, Customer will be eligible to receive a Service Credit for the affected month, measured as a percentage discount off of the next subscription invoice as set forth below. In the event there are no new invoices to be issued, User Interviews will issue a partial refund against the subscription invoice that covered the applicable month for which a Service Credit is claimed. To apply for a Service Credit under this SLA, Customer must submit a request to success@userinterviews.com within 30 days of the end of the month for which a Service Credit is claimed. The request must include the dates and times of the downtime for which Service Credit is being requested, and any additional documentation that demonstrates the claimed downtime. The foregoing shall be User Interviews’ sole and exclusive obligation and Customer’s sole and exclusive remedy in the event that User Interviews does not meet the Uptime Commitment.
Uptime..........Service Credit*
Uptime < 90.0%..........100% of monthly invoice
90.0% ≤ Uptime < 95.0%..........10% of monthly invoice
95.0% ≤ Uptime < 99.0%..........5% of monthly invoice
Uptime ≥ 99.0%..........0% of monthly invoice
*If Customer is invoiced on a quarterly basis, the amount subject to the Service Credit calculation for the affected month will be 1/4 of the total invoice value. If Customer is invoiced on an annual basis, the amount subject to the Service Credit calculation for the affected month will be 1/12 of the total invoice value.
