Service Level Commitment
Excluding scheduled maintenance windows, PingPong will use commercially reasonable efforts to maintain 99.95% availability for Enterprise plans of the hosted portion of the Service for each calendar month during the term of this Agreement. The Service will be deemed "available" so long as Users are able to access Customers' status page and Authorized Users are able to login to the Site interface and create incidents.
If we confirm there is a failure to meet the Service Level Commitment in a particular calendar month and you make a request for service credit within fifteen (15) days after the end of such calendar month, you will be entitled to a credit based on (1) the monthly fees invoiced for your subscribed plan in the month experiencing such failure, if you have a monthly subscription plan or (2) 1/12 of annual fees invoiced for your subscribed plan, if you have an annual plan (“Service Credit”). To receive a Service Credit, Enterprise Users must send an e-mail to firstname.lastname@example.org providing start and end date and time of experienced service interruption, and provide any other reasonably requested information or documentation. Our monitoring and logging infrastructure is the source of truth for determining Monthly Uptime Percentage and whether we have met the Service Level Commitment. All calendar months will be measured in the UTC time zone.
The Service Credit will be calculated as described in the table below:
|Monthly Uptime Percentage||Service Credit|
|99.9% - < 99.95%||5%|
|99.0% - < 99.9%||10%|
|95.0% - < 99.0%||25%|
We will apply each Service Credit against a future payment otherwise due from you, provided that your account is fully paid up, without any outstanding payment issues or disputes. No refunds or cash value will be given for unused Service Credits. Service Credits are non-transferable and may not be applied to any other account. The aggregate maximum Service Credits applied to an invoice will not exceed 100% of the amount invoiced in that invoice billing period (as opposed to the actual month in which the Site was unavailable). We reserve the right to deny a Service Credit if you do not qualify for one.
You will not be entitled to a Service Credit if you are in breach of the Terms. The Service Level Commitment will not include unavailability to the extent due to: (1) your use of the Site in a manner not authorized in the Terms or not in accordance with the applicable Documentation; (2) force majeure events or other factors outside of our reasonable control, including, without limitation, Internet access or related problems; (3) your equipment, software, network connections or other infrastructure; (4) Your Data or Your Materials (or similar concepts as defined in the applicable Terms); (5) third-party equipment, apps, add-ons, software or technology (other than our agents and subcontractors); or (6) routine scheduled maintenance or reasonable emergency maintenance. No Service Level Commitment or Service Credits are provided for (7) sandbox instances or free, proof-of-concept, beta or trial services, or (8) features excluded from the Service Level Commitment.
User, Site and Customer is inherited from our Terms of Service ("TOS"). Please refer to our TOS for definitions.