VoicePing Service Commitments
VoicePing will use commercially reasonable efforts to make VoicePing App available with a Monthly Uptime Percentage (defined below) of at least 99.95% in each case during any monthly billing cycle (the “Service Commitment”).
In the event VoicePing does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.
- “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which VoicePing Server is not available to VoicePing Apps.
- Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA Exclusion (defined below).
- A “Service Credit” is a dollar credit, calculated as set forth below, that we may credit back to an eligible account.
Service Credits are calculated as a percentage of the total charges paid by you VoicePing Subscriptions affected for the monthly billing cycle.
We will apply any Service Credits only against future VoicePing payments otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment from VoicePing. A Service Credit will be applicable and issued only if the credit amount for the applicable quarterly billing cycle is greater than one hundred dollar ($100 SGD). Service Credits may not be transferred or applied to any other account.
VoicePing SLA Exclusions
The Service Commitment does not apply to any unavailability, suspension or termination of VoicePing subscriptions, or any other performance issues: (i) that result from a suspension ; (ii) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of our hosting provider (iii) that result from any actions or inactions of you or any third party, including failure to acknowledge a recovery volume or migration; (iv) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); (v) that result from any maintenance as scheduled for; or (vi) arising from our suspension and termination of your right to use VoicePing. If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.