These Service Level Terms (the “SLA”) set forth Pave’s obligations and our customers’ rights with respect to the performance of the Pave application available at app.pave.com (the “Pave App”). All capitalized terms used but not otherwise defined in this SLA have the meanings given to them in the Master Subscription Agreement (the “MSA”) between you (the “Customer”) and Trove Information Technologies, Inc. dba Pave (“Pave”). The standard MSA is available at https://www.pave.com/master-subscription-agreement.
“Downtime” means if the Pave App is unavailable to Customer, except in connection with any Exclusion, as confirmed by both Customer and Pave.
“Exclusions” means: (a) holidays and weekends (in San Francisco, California); (b) scheduled maintenance; (c) outages of third party connections or utilities, including any Third-Party Integration; (d) Customer’s or a third party’s configuration or alteration of any Third-Party Integration; or (e) other reasons beyond Pave’s reasonable control.
“Monthly Uptime Percentage” means the Total Monthly Minutes minus the number of minutes of Downtime suffered in a calendar month, divided by the Total Monthly Minutes.
“Service Credit” means a credit for the Fees for a given month to be provided by Pave to Customer in the event that the Pave App does not meet the Service Level Warranty in such month.
“Total Monthly Minutes” means the total number of minutes in a calendar month (except for holidays and weekends (in San Francisco, California)).
During the Order Form Term, the Pave App will be available to Customer at least 99.5% of the time in any calendar month (the “Service Level Warranty”). If the Monthly Uptime Percentage does not meet the Service Level Warranty in any calendar month, and if Customer meets its obligations under the MSA, then Customer will be eligible to receive a Service Credit as follows:
In order to receive a Service Credit, Customer must notify Pave within 14 days after the applicable month in which Customer becomes eligible to receive such Service Credit. Failure to comply with this requirement will forfeit Customer’s right to receive such Service Credit.
The aggregate maximum amount of Service Credit to be issued by Pave to Customer for all Downtime that occurs in a single calendar month will not exceed 5%. Service Credit may not be exchanged for, or converted into, monetary amounts.
This SLA states Customer’s sole and exclusive remedy for any failure by Pave to meet the Service Level Warranty.
Pave will provide customer support to Customer via electronic mail on weekdays during the hours of 8:00 am through 5:00 pm Pacific time, with the exclusion of holidays (in San Francisco, California) (“Support Hours”).
Customer may initiate a support ticket any time by emailing email@example.com.
Pave will use commercially reasonable efforts to provide a first response to all support tickets within one (1) business day (in San Francisco, California) of ticket creation.