HedgeChatter Social Signal Service Level Agreement
This HedgeChatter Social Signal API Service Level Agreement (“SLA”) governs the use of the HedgeChatter Social Signal API between HedgeChatter Inc. (“HEDGECHATTER” in the following) and users of the HedgeChatter Social Signal API (the “Client”). This SLA applies to each account using the HedgeChatter Social Signal API.
1. Service Commitment
HEDGECHATTER will use commercially reasonable efforts to make the HedgeChatter Social Signal API available 99.9% of the time. In the event HEDGECHATTER does not meet the goal of 99.9% API 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:
2.1 “Unavailable Time” means the HedgeChatter API is not “available” for use.
2.2 “Available” means that our HedgeChatter API is available for you to use in the way we intend upon your first request, or within a 30 second window of your second request.
2.3 “Monthly Uptime Percentage” is calculated by averaging the daily Average Uptime during the Service Month in which the HedgeChatter API was in a state of Unavailable Time as identified by our Monitoring Service
2.4 A “Service Credit” is a money credit, calculated as set forth below, that HedgeChatter may credit back to an eligible Client account.
For a calendar month where the Uptime Monthly Percentage, as identified by our Monitoring Service, HedgeChatter, at its sole discretion after confirming the nature and accuracy of the Unavailable Time, will credit Client’s account a percentage of that month’s billings, as defined by this table:
|Monthly Uptime Percentage||Service Credit|
Service Credit shall be issued to Client’s HedgeChatter balance for future use only. No refunds or cash value will be provided. Service Credits may not be transferred or applied to any other account.
2.5 “Severity” of issues can be perceived differently by each individual. HedgeChatter seeks to standardize what is considered when defining a severity.
- Severity 1: HedgeChatter API service functionality is unavailable
- Severity 2: HedgeChatter API service functionality is available however some services are limited, not working properly or inaccessible
- Severity 3: HedgeChatter API service functionality is available with minor degradation in service
3. Credit Request and Payment Procedures
To apply for a Service Credit, the client must submit a ticket via email to [email protected] (or using the Contact Us 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.
Notwithstanding anything to the contrary, no Unavailable Time shall be deemed to have occurred with respect to any unavailability, suspension or termination of the HedgeChatter API, or any other HedgeChatter API performance issues, that (i) are caused by factors outside of HedgeChatter’s reasonable control, including, without limitation, any force majeure event, carrier related problems or issues, or Internet access or related problems beyond the demarcation point of HedgeChatter or its direct hosting subcontractors (i.e. beyond the point in the network where HedgeChatter maintains access and control over the HedgeChatter Services); (ii) result from any actions or inactions of Client or any third party (other than HedgeChatter’s direct hosting subcontractor); (iii) result from Applications, equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within HedgeChatter’s direct control); or (iv) arise from HedgeChatter’s suspension and termination of Client’s right to use the HedgeChatter Services in accordance with the TOS, (v) scheduled maintenance (clients will be notified 24hrs in advance); (vi) problems or issues related to alpha, beta or not otherwise generally available HedgeChatter features or products; or (vii) acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems (other than those involving employees), (collectively, the “Exclusions”).
5. Sole Remedy
Service Credits shall be your sole and exclusive remedy for any unavailability or non-performance of the HedgeChatter Services or other failure by us to provide the HedgeChatter Services.
6. Support and Maintenance
HedgeChatter provides a team of dedicated professionals to ensure that you, the customer, are successful at learning and leveraging the considerable power of HedgeChatter. HedgeChatter support is available through a three-tier support offering that is available as follows to all of our HedgeChatter API Clients:
6.1 Premium Support
Premium support provides the highest level of support from HedgeChatter. The following table shows the different Severity SLA’s.
|Severity||Response Time||Submission Method|
|1||1 Hours – 24x7x365||email or Contact Us Form|
|2||1.5 Hours – Service Hours**||email or Contact Us Form|
|3||2 Hours – Service Hours**||email or Contact Us Form|
*All tickets submitted by email will be classified as Severity 3 by default. Severity 4 issues are product feature requests and will be tracked in order to provide updates to customers but do not have a response SLA associated with them.
**Service Hours include 6:00AM CST-6:00PM CST: Monday to Friday, except official holidays in the United States.
We may change, discontinue, or add to, this SLA at any time. Clients of our HedgeChatter API will be informed of this at least 30 days in advance and are able to close Clients own account before the change comes into effect if you don’t agree with it.