GetResponse Service Level Agreement: Brazil Ltda
GETRESPONSE TECNOLOGIAS BRASIL LTDA, a company registered in São Paulo, Brazil, at Irmã Gabriela Street, 51, Cidade Monções, City of São Paulo, State of São Paulo, Cidade Monções, Zip Code 04571-130, enrolled in the CNPJ/MF (Corporate Taxpayers Registry) under nº 30.955.347/0001-59 („GetResponse“) uses all reasonable endeavors to provide the highest quality of services. GetResponse has implemented the following warranties regarding the availability of the GetResponse Service and proper performance of customer service to the Customer.
“Downtime”: a period within a calendar month during which the Customer due to technical reasons, attributable to GetResponse and having impact on proper functioning of GetResponse platform, is unable to cumulatively: (i) send email marketing campaigns, (ii) manage the subscription and (iii) track Contacts at www page and within email messages/gather statistics, with the exception of Scheduled Downtime and unavailability of the Service in situations referred to in section 6 below.
“Force Measure”: an exceptional occurrence, caused by an external factor which cannot be foreseen, and which could not be prevented. Force Majeure occurrences include in particular: war, natural disasters, strikes, breakdowns, DDoS attacks or other disruptions in telecommunication networks or data communication infrastructure, activities of entities that affect the provision of the Service or processing of personal data by GetResponse, emergency government action and administrative measures, including all administrative decisions, as well as decisions regulator’s which concerns any company within GetResponse group, and whose activity is independent of the Parties.
“Monthly Uptime Percentage”: a total number of minutes in a calendar month minus the number of minutes of Downtime in said calendar month, divided by the total number of minutes in that calendar month.
„Network“: all IT and telecommunication infrastructure, including devices, equipment and virtual components which are used by GetResponse in order to render Service to the Customer.
“Scheduled Downtime”: scheduled Service interruptions related to the Network, GetResponse software or the Service maintenance or their upgrade.
“Service”: GetResponse Service purchased by the Customer under the GetResponse MAX (preiously: Enterprise) Service Agreement.
“Service Credit”: a percentage discount from the total fees paid by the Customer for the Service for a month directly preceding the month in which GetResponse fails to meet the minimum Monthly Uptime Percentage. Service Credits are applied toward future payments for the Service.
2. Service Availability
GetResponse uses all reasonable endeavors in order to provide the highest possible level of Service Availability. GetResponse undertakes to provide a service level of 99,9% for the Service in a calendar month.
3. Scheduled Downtime
GetResponse will inform the Customer on Scheduled Downtime via email sent for Customer’s email address indicated in an Order or by posting relevant information on GetResponse Account at least 24 (twenty-four) hours in advance.
4. Service Credit
4.1 If the Monthly Uptime Percentage falls below 99,99% for a given calendar month, the Customer will be eligible for the Service Credit equal 5% of the total fees paid by the Customer for the Service in a month directly preceding a relevant month per each full hour of Downtime, however not more than 100% of Customer’s monthly fees payable for the Service in indicated month. Service Credits may not be exchanged into monetary compensation.
4.2 In order to be eligible for Service Credits under this SLA the Customer must report suspected Downtime to the dedicated Account Manager assigned to the Customer and such suspected Downtime must be positively verified by GetResponse. If the Customer does not report suspected Downtime and does not request for Service Credits until 10th day of the month following the month when the Downtime occurred, it is assumed that the Customer forfeited their right to receive a Service Credit.
4.3 The Customer will not qualify for Service Credits, if they are not in compliance with the GetResponse MAX Service Order, especially if at the time of applying for the Service Credit the Customer is not current on their payment of the fees for the Service.
4.4 Service Credits may not be sold or otherwise transferred to third parties without written GetResponse’s permission.
4.5 Service Credits are Customer’s sole and exclusive remedy for any performance, non-performance or availability issues regarding the Service under the GetResponse MAX Service Agreement and this SLA. The Customer may not unilaterally offset their Service fees with any claim pertaining to any Service performance or availability issues.
5. Agreement termination
The Customer is entitled to terminate the Agreement with immediate effect in the event that Monthly Percentage Decrease shall be less 95% in three consecutive Settlement Periods.
This SLA and Service level do not apply to any performance or availability issues:
- due to Force Majeure circumstances,
- due to breakdowns or interruptions of devices and equipment which are necessary to perform the Service but do not constitute a part of the Network,
- that result from prohibited modifications of the Service or the Network carried out by the Customer or by third parties for whom GetResponse is not responsible,
- that result from the Customer’s breach of the provisions of the GetResponse MAX Service Agreement (or applicable Terms of Service),
- that result from Customer’s or third-party services, hardware, software or other facilities,
- that are caused by Customer’s (or any other persons for who the Customer is responsible) use of the Service after GetResponse advised him/her to modify such use, if such a person did not modify their use as advised,
- during pre-release and beta Services (as determined by GetResponse).