Terminology. Capitalized Terms used but not defined in this document shall have the meanings given to them in the Everthere Terms of Service, available at https://www.everthere.co/legal/discover-terms-of-use.
Technical Support. During the Term, Everthere will provide technical support to Customer via e-mail between the hours of Monday 9:00 AM and Friday 05:00 PM US Eastern time. Customer may initiate a support ticket by emailing Everthere at support@everthere. Everthere will make commercially reasonable efforts to respond to support tickets within one (1) business day.
Availability. During the Term, Everthere will use commercially reasonable efforts to ensure that the Service is available for access and use in accordance with the Agreement (the “Service“) at an annual Uptime Percentage (defined below) of at least 99.9%, as measured over any calendar year.
Definitions. All capitalized terms used in this SLA without definition shall have the meaning ascribed to them in Subscription Agreement. In addition, the following definitions shall apply to this SLA:
(i) “Downtime” means the total time within a Measured Period during which the Service is inoperable or inaccessible.
(ii) “Measured Period” means the total number of minutes in the calendar year.
(iii) “Scheduled Downtime” means any Downtime (a) of which Customer is notified at least three (3) days in advance, or (b) during a standard maintenance window, as published by Everthere from time to time. In either of the foregoing two situations, Everthere will use commercially reasonable efforts to ensure that the Scheduled Downtime falls between the hours of Friday 7:00 PM and Monday 07:00 AM US Eastern time.
(iv) “Uptime” means the total period in minutes during which the Service is available for access and use during a Measured Period.
(v) “Uptime Percentage” means Uptime expressed as a percentage, calculated in accordance with the following formula:
Uptime Percentage = X / (Y – Z) × 100
X = Uptime
Y = Measured Period
Z = The duration (in minutes) of any SLA Exclusions during the applicable Measured Period
Everthere’s obligations hereunder are based on and subject to the Customer: (i) complying with the terms and conditions of the Agreement, including this SLA; (ii) complying with Everthere’s instructions, if any, for performing any corrective action; and (iii) maintaining the connectivity (with acceptable bandwidth) of the Customer’s workstations to the main Internet, as well as creating and maintaining firewall definitions and opening required ports that permit access to the Service.
The following shall not be considered within the calculation of Uptime: (i) Scheduled Downtime; (ii) backups of the Service; (iii) Service unavailability that is attributable to: (a) causes beyond Everthere’s reasonable control, such as a force majeure event, or the performance of any third party hosting provider or communications or internet service provider; (b) Customer’s failure to perform any obligation under the Agreement that affects the performance of the Service; (c) any actions or omissions of the Customer or any third party acting on its behalf; and/or (d) Customer’s or any third party’s equipment or software; (iv) Service unavailability caused by the suspension and termination of Customer’s right to use the Service in accordance with the Agreement; and (v) separate instances of Service unavailability of less than 5 (five) minutes duration each (each an “SLA Exclusion“).