This MessageBird Service Level Agreement (“SLA”) governs the use of the MessageBird Services under the terms of the MessageBird General Terms and Conditions (the “GT&C”) between MessageBird B.V., (“MessageBird”, “us” or “we”) and users of the MessageBird Services (“you” or “Customer”). This SLA applies separately to each account using the MessageBird Services. Unless otherwise provided herein, this SLA is subject to the terms of the GT&C and capitalized terms will have the meaning specified in the GT&C. MessageBird reserves the right to change the terms of this SLA in accordance with the GT&C.
MessageBird will use commercially reasonable efforts to make the MessageBird Services available 99.95% of the time. In the event Customer experiences that MessageBird will not meet the 99.95% Services availability in a given calendar month (“Monthly Uptime Percentage”), you will be eligible to receive a Service Credit as described below.
The following capitalized terms shall be given the meaning set forth below:
For a calendar month where the Monthly Uptime Percentage of a MessageBird Single Service does not meet the Monthly Uptime Percentage, MessageBird will credit Customer's account a percentage of that month's billings specific to Service not meeting the Monthly Uptime Percentage, as defined by this table:
To apply for a Service Credit, the Customer must submit a ticket via this form within 30 days of the month in which the Unavailable Time occurred. The ticket must include (i) “SLA Claim” as the subject of the ticket; (ii) the dates and times of the Unavailable Time for which you are requesting credit; and (iii) any applicable information that documents the claimed outage. Failure to comply with this requirement will forfeit Customer’s right to receive a Service Credit. Service Credits will be applied within 60 days after the Service Credit was requested.
Notwithstanding anything to the contrary, no Unavailable Time shall be deemed to have occurred with respect to any unavailability, suspension or termination of the MessageBird Services, or any other MessageBird Services performance issues, that:
Service Credits shall be your sole and exclusive remedy for any unavailability or non-performance of the MessageBird Services or other failure by us to provide the MessageBird Services.