Last Updated November 5, 2015
This Gtmhub Uptime Policy is a policy governing the availability of the Gtmhub Service under the terms of the Gtmhub Service Agreement between Gtmhub, Ltd. and its affiliates ("Gtmhub"or "we") and users of Gtmhub's services ("you"). This policy applies separately to each account using Gtmhub. Unless otherwise provided herein, this policy is subject to the terms of the Gtmhub Service Agreement and capitalized terms will have the meaning specified in the Gtmhub Service Agreement. We reserve the right to change the terms of this policy in accordance with the Gtmhub Service Agreement.
Gtmhub will use commercially reasonable efforts to make Gtmhub's Service available with a Monthly Uptime Percentage (defined below) of at least 98%, during any monthly, quarterly or annual billing cycles (the "Service Commitment"). In the event Gtmhub does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.
- "Monthly Uptime Percentage" is calculated by subtracting from 100% the percentage of minutes during the month in which Gtmhub, was in the state of "Unavailable." Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Gtmhub SLA Exclusion (defined below).
- "Unavailable" and "Unavailability" mean that you cannot access your Gtmhub account and cannot make use of our services.
- A "Service Credit" is a dollar credit, calculated as set forth below, that we may credit back to an eligible account.
Service Commitments and Service Credits
Service Credits are calculated as a percentage of the total charges paid by you (excluding any one-time payments such as setup fees or other professional services) for the Gtmhub Service.
- Less than 98% but equal to or greater than 97% - 10% credit
- Less than 97% but equal to or greater than 96% - 20% credit
- Less than 96% - 30% credit
We will apply any Service Credits only against future Gtmhub Service payments 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 Gtmhub. Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Gtmhub Service Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the Gtmhub Service is the receipt of a Service Credit (if eligible) in accordance with the terms of this policy.
Credit Request and Payment Procedures
To receive a Service Credit, you must submit a claim by submitting a ticket to [email protected]. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:
- the words "SLA Credit Request" in the subject line;
- the dates and times of each Unavailability incident that you are claiming;
- the affected Gtmhub instance
If the Quarterly 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. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.
Gtmhub SLA Exclusions
The Service Commitment does not apply to any unavailability, suspension or termination of the Gtmhub Service, or any other performance issues: (i) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of Gtmhub; (ii) that result from any actions or inactions of you or any third party; (iii) that result from any planned maintenance; (iv) arising from our suspension and termination of your right to use Gtmhub Service in accordance with the Service Agreement (collectively, the "Gtmhub SLA Exclusions"). If availability is impacted by factors other than those used in our Quarterly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.
Availability reporting We use external monitoring services for Availability monitoring and reporting. Those external services make periodic checks on the Gtmhub services you are subscribed for. Below are links to our uptime monitoring reports: