GetResponse Service Level Agreement

This Service Level Agreement (“SLA”) presents the level of reliability and availability of the GetResponse MAX² and/or MAX Service (if so agreed in your Order). We use all reasonable endeavors to provide the highest quality of services. GetResponse has implemented the following warranties regarding the availability of the GetResponse Service and appropriate response time in the event of Downtime.

In matters unregulated in this SLA GetResponse MAX Terms of Service (“Terms”) shall apply. Except as otherwise defined herein, all capitalized terms used in this SLA shall have the meaning attributed to them in the Terms.

1. Definitions

The following terms shall have the following meaning:

“Downtime”: a period within a calendar month during which the Customer due to technical reasons, attributable to GetResponse and having an impact on the 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 or (iv) 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.

GetResponse”: GetResponse S.A. or its subsidiaries, including: GetResponse Inc. and GetResponse Malaysia Sdn. Bhd. or or GetResponse Tecnologias Brasil Ltda – depending on with which you concluded the Order with.

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 Order Form for GetResponse MAX or MAX² Service.

Service Credit”: a percentage discount from the service fee 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 makes any reasonable endeavors to inform its Customers about Scheduled Downtimes in a timely manner. We provide the information concerning Scheduled Downtime via email sent to the Customer’s email address indicated in an Order or by posting relevant information in the Customer Account.

4. Service Credit

4.1 If the Monthly Uptime Percentage falls below 99,9% for a given calendar month, the Customer will be eligible for the Service Credit, as below:

Service Level AvailabilityService Credit
≥99% – < 99,9%1% of the monthly service fee for each full hour of the Downtime
< 99%5% of the monthly service fee for each full hour of the Downtime

4.2  The calculation of the Service Credits is based on the value of the service fee paid by the Customer for the Service in the month directly preceding a month when the Downtime occurred. The value of Service Credit cannot exceed 100% of the Customer’s monthly fees payable for the Service in the preceding month, as described above. Service Credits may not be exchanged for monetary compensation.

4.3 In order to be eligible for Service Credits under this SLA the Customer must report suspected Downtime to the Customer Experience Department and such suspected Downtime must be positively verified by GetResponse. If the Customer does not report suspected Downtime and does not request Service Credits within 7 days from the moment when the Downtime occurred, it is assumed that the Customer forfeited their right to receive a Service Credit.
4.4 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.
4.6 Service Credits are Customer’s sole and exclusive remedy for any performance, non-performance or availability issues regarding the Service under the GetResponse MAX or MAX² 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.

6. Exclusions

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 Order or applicable Terms,
  • 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).

Last updated: October 12, 2023.