This Client Book CRM Service Level Agreement (“SLA”) is a policy governing the use of Client Book CRM (“Client Book CRM”) under the terms of the Client Book CRM Terms of Service (the “Terms of Service”) between Diamond Profile LLC (“Diamond Profile”, “Diamond Profile LLC”, “us” or “we”) and users of Diamond Profile LLC services (“you”, “user”). Unless otherwise provided herein, this SLA is subject to the terms of the Terms of Service. This SLA applies separately to each account using Client Book CRM. We reserve the right to change the terms of this SLA in accordance with the Terms of Service.
“Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the user’s billing cycle in which Client Book CRM, as applicable, was experiencing Service Downtime. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA Exclusion (defined below).
“Service Downtime” means the amount of time that the Client Book CRM network is “Unavailable” to you.
“Service Availability” is the total time in a calendar month that the Client Book CRM is available through the Internet, provided that you have established connectivity.
“Schedule Service Downtime” is a period of unavailability where we will be doing updates or routine maintenance.
“Client Book CRM Network” is defined as the Client Book CRM software and website.
“Unavailable” and “Unavailability” means any unplanned interruption in Service Availability during which the User is unable to access the Client Book CRM, provided the interruption is determined to have been caused by a problem in the immediate Client Book CRM Network as confirmed by Client Book CRM. Service Downtime is measured as the total length of time of the unplanned interruption in Service Availability during the user’s billing cycle.
“Service Credit” is a dollar credit, calculated as set forth below, that we may credit back to an eligible account to be put towards a future invoice payment.
Diamond Profile LLC will use commercially reasonable efforts to make Client Book CRM each available with a Uptime Percentage (defined above) of at least 99%, in each case during any monthly billing cycle (the “Service Commitment”). If Client Book CRM does not meet the Service Commitment, you will be eligible to receive a Service Credit(described below).
Service Credits are calculated as a percentage of the total charges paid by you for Client Book CRM for your billing cycle in which the Unavailability occurred in accordance with the schedule below.
Service Credit Percentage
Less than 99.9% but equal to or greater than 99.5%
Less than 99.5%
We will apply any Service Credits only against future Client Book CRM invoice payments due from you. Service Credits will not entitle you to any refund or other payment from Diamond Profile LLC. Service Credits may not be transferred or applied to any other account. Your sole and exclusive remedy for any unavailability is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
Credit Request and Payment Procedures
To receive a Service Credit, you must submit a ticket to the billing department within the Client Book CRM software application. In order to be eligible, a credit request must be sent to our billing department 30 days after the incident occurred and must include:
A. The words “Credit Request” in the message body;
B. The dates and times of each Unavailability incident;
C. Proof or documentation that the Unavailability occurred. Which can include, but is not limited to, a screenshot from a valid third part tools such www.downforeveryoneorjustme.com.
Your failure to provide the request and other information as required above will render you ineligible for receiving a Service Credit. If the Uptime Percentage of the request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within 30 days of your request being confirmed by us.
The following are excluded from the calculation of Uptime Percentage:
A. Any utilized Scheduled Service Downtime.
B. Any problems beyond the immediate Client Book CRM Network.
C. Any actions or inactions caused by you or your employees, agents, subcontractors, or any other third party.
D. Any result from your equipment, internet connectivity, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control).
E. Any problems related to attacks on Client Book CRM such as hacking, bandwidth-based attacks of any nature, and service or operating system exploits.
F. Any suspension or termination of your account.
G. Any factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of Client Book CRM.