Service Level Agreement

Version 1.3 – July 2017

This QiqoChat Service Level Agreement (“SLA”) between QiqoChat, Inc. (“QiqoChat”, “us” or “we”) and users of QiqoChat Services (“you”) governs the use of the our services under the provisions of the QiqoChat Terms of Service.

Unless otherwise provided herein, this SLA is subject to the provisions of the Terms.

1. QiqoChat Service Commitment: 99.95% Uptime

QiqoChat will use commercially reasonable efforts to make your pages on our service available with a Monthly Uptime Percentage of at least 99.95% during any monthly billing cycle (the “Service Commitment”). Subject to the SLA Exclusions, if we do not meet the Service Commitment, you will be eligible to receive a Service Credit.

A Monthly Uptime Percentage of 99.95% means that we guarantee you will experience no more than 21.56 min/month of Unavailability.

2. Definitions

“Maintenance” means scheduled Unavailability of the QiqoChat Service, as announced by us prior to the QiqoChat Services becoming Unavailable.

“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the QiqoChat Services were Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA Exclusion.

“Service Credit” means a credit denominated in US dollars, calculated as set forth below, that we may credit back to an eligible account.

“Unavailable” and “Unavailability” mean, for app services and databases, when your service or database is not running or not reachable due to QiqoChat’s fault.

3. Service Commitments and Service Credits

Service Credits are calculated as a percentage of the total charges due on your QiqoChat invoice for the monthly/annual billing cycle in which the Unavailability occurred, applied proportionally to the Services that were Unavailable, in accordance with the schedule below:

  • For Monthly Uptime Percentage less than 99.95% but equal to or greater than 99.0%, you will be eligible for a Service Credit of 10% of the charges attributable to the affected resources
  • For Monthly Uptime Percentage less than 99.0%, you will be eligible for a Service Credit of 30% of the charges attributable to the affected resources

For example, if you have a page on QiqoChat that is Unavailable for 25 minutes, you would be eligible for a Service Credit for 10% of for the month.  If you are paying annually, then we make a proportional adjustment where a monthly payment equals 1/12 of an annual payment.

We will apply any Service Credits only against future payments for the Services otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment from QiqoChat. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account.

4. Sole Remedy

Unless otherwise provided in the Terms, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

5. Credit Request and Payment Procedures

To receive a Service Credit, you must submit a claim by emailing hello@qiqochat.com. To be eligible, the credit request must be received by us within one month after which the incident occurred and must include:

  • something similar to “SLA Credit Request” in the subject line;
  • the dates and times of each Unavailability incident;
  • the pages that were unavailable

If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Without providing the request and other information as required above, you will not be eligible to receive a Service Credit.

6. SLA Exclusions

The Service Commitment does not apply to any unavailability:

  1. That results from a suspension or Remedial Action, as described in the Terms;
  2. Caused by factors outside of our reasonable control, including any force majeure event, Internet access, or problems beyond the demarcation point of the QiqoChat network;
  3. That results from any actions or inactions of you or any third party;
  4. That results from the software or other technology of you or any third party (other than third party equipment within our direct control);
  5. That results from any Maintenance.