Terms & Policies

Here you'll find the RipeMetrics terms and policies

Service Level Agreement

Last updated on October 19, 2024

This Service-Level Agreement (SLA) defines the terms and conditions governing the provision of services and support by RipeMetrics, Inc. ("RipeMetrics" or "we") to its customers ("you"). The purpose of this SLA is to establish the agreed-upon levels of service and support, ensuring a high-quality experience and addressing any service-related issues in a timely and efficient manner. This SLA outlines the service commitments, uptime guarantees, and available remedies for any service-related concerns.

By accepting this SLA, both parties acknowledge their commitment to adhere to the specified service levels and collaborate in maintaining a productive and satisfactory business relationship. This agreement is subject to the RipeMetrics Terms of Service, available at https://ripemetrics.com/terms-of-service/ ("Terms"). Unless otherwise provided herein, this SLA is governed by the provisions of the Terms.

Please read this SLA carefully as it defines the rights, responsibilities, and expectations of both parties regarding the services provided by RipeMetrics.

RipeMetrics Service Commitment: 99.95% Uptime

RipeMetrics will use commercially reasonable efforts to make your RipeMetrics Services running in Dedicated Environments 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 minutes of Unavailability per month, excluding Maintenance.

Definitions

  • Maintenance: Scheduled Unavailability of the Services, as announced by us prior to the Services becoming Unavailable.
  • Monthly Uptime Percentage: Calculated by subtracting from 100% the percentage of minutes during the month in which the RipeMetrics Services were Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA exclusion, including Maintenance.
  • Service Credit: A credit denominated in US dollars, calculated as set forth below, that we may apply to an eligible account. Service Credit applies only to the monthly pricing and does not cover SMS or Email messaging fees.
  • Unavailable and Unavailability: For app services and databases, it refers to when your service or database is not running or not reachable due to RipeMetrics' fault.

Objectives

The objectives of the Service Levels and Service Credits are:

  • To ensure that the Services consistently maintain a high quality and meet the requirements of the Customer.
  • To provide a mechanism for the Customer to receive proper recognition when the Supplier fails to deliver the contracted level of service.
  • To incentivize the Supplier to comply with the Service Levels and promptly remedy any failures.

Service Commitments and Service Credits

Service Credits are calculated as a percentage of the total charges due on your RipeMetrics invoice for the monthly billing cycle in which the Unavailability occurred. They are applied proportionally to the Services that were Unavailable, based on the following schedule:

  • Monthly Uptime Percentage less than 99.95% but equal to or greater than 99.0%: Eligible for a Service Credit of 10% of the charges attributable to the affected resources.
  • Monthly Uptime Percentage less than 99.0%: Eligible for a Service Credit of 30% of the charges attributable to the affected resources.

For example, if your RipeMetrics Services are Unavailable for 25 minutes (excluding Maintenance), you would be eligible for a Service Credit for 10% of the usage for the month.

Service Credits are only applied against future payments for the Services and may be issued to the credit card used for the billing cycle in which the Unavailability occurred. Service Credits do not entitle you to a refund or other payment from RipeMetrics. A Service Credit is applicable only if the credit amount for the relevant monthly billing cycle exceeds one dollar ($1 USD). Service Credits cannot be transferred or applied to any other account.

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.

Credit Request and Payment Procedures

To be eligible for a Service Credit, you must submit a claim by emailing support@ripemetrics.com. Your credit request must be received by us by the end of the second billing cycle following the incident and should include the following information:

  • Subject line: "SLA Credit Request"
  • Dates and times of each Unavailability incident claimed
  • Account handle(s)
  • Logs documenting the errors and validating the claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks)

If the Monthly Uptime Percentage of your claim is confirmed by us and falls below the Service Commitment, we will issue the Service Credit within one billing cycle following the confirmation. Failure to provide the necessary request and information mentioned above will disqualify you from receiving a Service Credit.

Service-Level Agreement Exclusions

The Service Commitment does not apply to Unavailability resulting from the following:

  • Suspension or Termination, as described in the Terms.
  • Factors beyond our reasonable control, including force majeure events, Internet access issues, or problems outside the demarcation point of the RipeMetrics network.
  • Actions or inactions by you or any third party.
  • Equipment, software, or other technology belonging to you or any third party, excluding third-party equipment within our direct control.
  • Failures of RipeMetrics Services that are not attributable to Unavailability.
  • Scheduled Maintenance.

If availability is impacted by factors not considered in the Monthly Uptime Percentage calculation, we may, at our discretion, issue a Service Credit based on such factors.

Compliance and Review

Both parties are responsible for ensuring compliance with this SLA. We will periodically review and update this Agreement as necessary to align with evolving requirements and customer needs.