If Lykdat does not meet this Service Level Agreement ("SLA") for its hosted search services under a Plan, and if Subscriber meets its obligations under this SLA, Subscriber will be eligible to receive a Service Credit as described below. This SLA states Subscriber's sole and exclusive remedy for any failure by Lykdat to meet the SLA.
Definitions
(i) If "Service Year" is the preceding 365 days from the date of an SLA claim.
(ii) "Annual Uptime Percentage" is calculated by subtracting from 100% the percentage of 5 minute periods during the Service Year in which Lykdat was in a state where no search requests could be received. If Subscriber has been using Lykdat for less than 365 days, Subscriber’s Service Year is still the preceding 365 days but any days prior to Subscriber’s use of the service will be deemed to have had 100% Availability. Any downtime occurring prior to a successful Service Credit claim cannot be used for future claims. Annual Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Lykdat SLA Exclusion (defined above).
(iii) The "Eligible Credit Period" is a single month, and refers to the monthly billing cycle in which the most recent unavailability event included in the SLA claim occurred.
(iv) A "Service Credit" is a dollar credit, calculated as set forth below, that we may credit back to an eligible Lykdat account..
Service Commitments And Service Credits
The subscriptions covered by this SLA, and the Annual Guaranteed Uptime available for each covered Lykdat subscription are as follows:
Standard Plan (available for subscription):
Annual Guaranteed Uptime = 99.99%
If the Annual Uptime Percentage for Subscriber drops below 99.9% for the Service Year, Subscriber is eligible to receive a Service Credit equal to 10% of their bill for the Eligible Credit Period. 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.
Subscriber Must Request Financial Credit
To receive a Service Credit, Subscriber must submit a request by sending an e-mail message to sla-issue@lykdat.com. To be eligible, the credit request must:
(i) include Subscriber’s account email in the subject of the e-mail message
(ii) include, in the body of the e-mail, the dates and times of each incident the Subscriber claims to have experienced;
(iii) the Subscriber must include the server request logs that document the errors and corroborate the claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks); and (iv) be received by Lykdat within thirty (30) business days of the last reported incident in the SLA claims.
SLA Exclusions
The Service Commitment does not apply to any unavailability, suspension or termination of Lykdat, or any other Lykdat performance issues:
(i) caused by factors outside of Lykdat’s reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of Lykdat;
(ii) that result from any actions or inactions of Subscriber or any third party;
(iii) that result from Subscriber’s equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control);
(v) arising from our suspension and termination of Subscriber’s right to use Lykdat in
accordance with the Lykdat Terms of Service (collectively, the "Lykdat SLA Exclusions").
If availability is impacted by factors other than those explicitly listed in this agreement, Lykdat may issue a Service Credit considering such factors in Lykdat’s sole discretion.
This document was last updated on: April 6, 2022
