Effective from: November 1, 2019
Last updated: October 28, 2019
The availability of the ScreenCloud Service is contingent on the operation of a number of moving parts, some of which we control, and some of which we do not, including those which are contingent on the operation of certain third-party APIs and other integrations. We work hard to ensure disruption to the ScreenCloud Service is minimised, including through the development of smart ways to keep content showing on screens even if the internet goes down. This is our Service Level Agreement (“SLA”) which documents ScreenCloud Limited’s ("us" or "we") commitment to the users of our Service ("you") in respect of the availability of the ScreenCloud Service.
Any significant changes to this SLA will be notified to our customers by email. We may make other minor updates from time to time without notifying customers by email. The date of these updates will appear at the beginning of this SLA.
"Apps" means any of the apps that we have in our App Store that can be used to show content that you upload or content drawn from elsewhere via Third Party Integrations.
“App Store” means the ScreenCloud App Store accessible via your account and through which you may download Apps.
“Billing Period” has the meaning given in the ScreenCloud Terms and Conditions.
“Documentation” means the Terms and Conditions, manuals, product literature and or instructions, prepared or published by ScreenCloud that describe or relate to the ScreenCloud Service and its use, operation, features, functionality and capabilities.
“Fees” has the meaning given in the ScreenCloud Terms and Conditions
“Uptime” means the percentage of time in each month that the ScreenCloud API service is available.
"The ScreenCloud Service" or "Service" means the ScreenCloud content management system licensed to you pursuant to the ScreenCloud Terms and Conditions, which enables you to show content on screens added by you to your account using one of the recommended players. The list of recommended players can be reviewed here and is updated from time to time.
"Third Party Integrations" or "Third Party APIs" means the third party application programming interfaces or other third party integrations which enable third party content to be pulled from or integrated with the ScreenCloud Service.
"Service Credit" means the amount of credit in financial terms, that can be applied to your account in accordance with the calculations set out in this SLA.
Subject to the exclusions set out in paragraph 6 below, we commit to you that the ScreenCloud Service will have a 99.99% uptime in any given calendar month. This means that (subject to the exclusions set out in paragraph 6 below) in any given month, we guarantee that our Service won’t be down for more than about 5 minutes. If we do not meet this commitment, you will be eligible for a Service Credit.
Although we do not have control of Third Party APIs (for example, if Twitter decides to change the way they allow third party companies such as ScreenCloud to take a feed of their service), we recognise that keeping these services running smoothly is an important part of the offering to our customers. We therefore commit to respond to any bugs or issues with Third Party APIs within 48 hours of us being notified of them.
We will use reasonable efforts to address any issues with Third Party APIs but in the unlikely event that we cannot rectify the issue for whatever reason, then we will not be liable to you for any losses. You can, of course, cancel your subscription in accordance with clause 4 of the ScreenCloud Terms and Conditions.
3. Service Credits
If we are unable to meet our commitments to achieve 99.99% Service uptime, except where this is the result of any of the exclusions set out in paragraph 6 below, Service Credits will be applied to your account. Service Credits will be calculated as a percentage of the total Fees paid by you under the ScreenCloud Terms and Conditions (excluding one-time payments such as upfront payments made for Bespoke App Development) for the monthly Billing Period in which the unavailability occurred, in accordance with the schedule below.
Monthly Uptime Percentage - Service Credit Percentage
4. Sole remedy and limitations
We will only apply Service Credits to future Fees payable under the ScreenCloud Terms and Conditions Service Credits will not entitle you to any refunds or any other payments from us. Service Credits may not be transferred to another account. In no event shall any Service Credit exceed the amount of any Fees paid by you in respect of the monthly Billing Period to which such Service Credit relates. This paragraph 4 represents your sole and exclusive remedy for our failure to meet the service uptime metric set out in this SLA.
We may, at our sole discretion, offer Service Credits where problems arise that fall outside of this SLA. This does not affect the SLA in any way, nor does it imply that the remedies have been changed.
5. Requesting a Service Credit
You must submit your claim within 30 days to email@example.com explaining what commitment to uptime was not met and the time and date of its occurrence. Once we receive your claim we will investigate and apply the Service Credit where we agree with your claim. If we disagree with your claim we will respond with an explanation.
6. SLA Exclusions
We will be relieved of our responsibilities and obligations outlined in this SLA and no Service Credit will be payable to you if we fail to achieve 99.99% Uptime as a result of any of the following:
(a) any improper use, misuse or unauthorised alteration of the ScreenCloud Service by you;
(b) any use of the ScreenCloud Service in a manner inconsistent with the then-current Documentation;
(c) any use of the ScreenCloud Service in combination with other products, hardware, equipment, software or data not expressly authorised by us to be used with the ScreenCloud Service;
(d) any failure by you to:
i. maintain Internet connectivity to the extent necessary to prevent network performance degradation; or
ii. maintain an Internet connection with adequate bandwidth to access and use the ScreenCloud Service; or
iii. ensure that all personnel who are authorised by you to access the ScreenCloud Service, have installed, and access the ScreenCloud Service via, a supported version of both an internet browser and operating system that is listed in the Documentation as supported by ScreenCloud from time to time; or
(e) any factors outside our reasonable control including, without limitation, ‘distributed disruption of service’ attacks, any force majeure event and any internet access/connectivity related problems.