Last Updated: December 8, 2020
This eBanqo Service Level Agreement (“SLA”) governs the use of the eBanqo Services under the terms of the eBanqo Terms of Service (the “ToS”) between eBanqo, Inc (“eBanqo”, “us” or “we”) and clients of the eBanqo Services (“you” or “Client”). This SLA applies separately to each Client using the eBanqo Services. Unless otherwise provided herein, this SLA is subject to the terms of the ToS and capitalized terms will have the meaning specified in the ToS. eBanqo reserves the right to change the terms of this SLA in accordance with the ToS.
eBanqo will use commercially reasonable efforts to make the eBanqo Services available 99. 5% of the time. “Availability” relates to the availability of the eBanqo Services provided. Availability is calculated as follows:
Measurement Period – Unscheduled Unavailability x 100 %
The “Measurement Period” for this SLA is monthly.
“Unavailability” means one or more of the eBanqo Services are not available for use.
“Unscheduled Unavailability” is starts when a service affecting fault is by eBanqo’s Fault Management System, and ends when eBanqo resolves the service affecting fault. eBanqo will inform Client about resolution.
In order to ensure that the eBanqo Service is effectively maintained, eBanqo may with reasonable notice require temporary and planned maintenance windows (“Scheduled Unavailability”). Scheduled Unavailability is not included in the calculation of Availability according to the above definition. eBanqo will notify Client in advance of the required work that would lead to Scheduled Unavailability.
In the event Client experiences that eBanqo did not meet the 99.5% Services Availability in a given calendar month, you will be eligible to receive a Service Credit as described below.
“Service Credit” is a credit that eBanqo, at its sole discretion and after confirming the nature and accuracy of the Unavailability, may credit back to an eligible Client account. For a calendar month where the Availability of a Service does not meet the Availability percentage of 99.5%, eBanqo will credit Client's account a percentage of that month's billings specific to Service not meeting the Availability percentage. Service Credit shall be issued to Client’s eBanqo balance for future use of the Service only. No refunds or cash value will be provided. Service Credits may not be transferred or applied to any other account.
To apply for a Service Credit, the Client must submit a request to ServiceCredit@eBanqo.com within 30 days of the month in which the Unavailability occurred. The request must include (i) “SLA Claim” as the subject of the email; (ii) the dates and times of the Unavailability for which you are requesting credit; and (iii) any applicable information that documents the claimed outage. Failure to comply with this requirement will forfeit Client’s right to receive a Service Credit. Service Credits will be applied within 60 days after the Service Credit was requested.
Notwithstanding anything to the contrary, no Unavailability shall be deemed to have occurred with respect to any unavailability, suspension or termination of the eBanqo Services, or any other eBanqo Services performance issues, that:
i. are caused by factors outside of eBanqo’s reasonable control, including, without limitation, any Force Majeure event, Internet access or related problems beyond the demarcation point of eBanqo or its direct hosting subcontractors (i.e. beyond the point in the network where eBanqo maintains access and control over the eBanqo Services);
ii. result from any actions or inactions of Client or any third party (other than eBanqo’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 eBanqo’s direct control); or
iv. arise from eBanqo’s suspension and termination of Client’s right to use the eBanqo Services in accordance with the ToS, scheduled maintenance, or problems or issues related to alpha, beta or not otherwise generally available eBanqo features or products; collectively, the “Exclusions”.
Service Credits shall be your sole and exclusive remedy for any Unavailability or non-performance of the eBanqo Services or other failure by us to provide the eBanqo Services.