This Service Level Agreement governs our relationship with the users of our application

Monthly Uptime Guarantee

WareGator guarantees that its Service will be available 99.5% of the time in a calendar month (“Monthly Uptime Guarantee”). This excludes Maintenance and Exclusions (all terms are defined below). You are eligible to claim service credit(s) for Service Downtime if WareGator fails to meet the Monthly Uptime Guarantee, provided the total Service Downtime of more than 0.5% in a calendar month is verified by WareGator.

“Service Downtime” is defined as an inability to access the Service caused by failure of network equipment managed, owned, leased or used by WareGator to provide the Service, including the failure of managed switches, routers, and cabling but excluding Maintenance and Exclusions.

The Monthly Uptime Guarantee does not include time required to perform data restores and backups if applicable.

Customer Response Guarantee

All service requests made during operating hours (defined below) will be given an initial response within 2 hours of their initial posting (“Customer Response Guarantee”).  Advanced and Premium account subscriptions will receive an initial response within 45 minutes. Premium accounts will receive this response time any time of day and any day of the week including holidays (24×7). You are eligible to claim service credit(s) for failure to meet the Customer Response Guarantee, provided the late response is verified by WareGator.

Irrecoverable Data Guarantee

If you attempt to access any of your data but the data is irrecoverable, you must report the same to WareGator as soon as possible. WareGator will investigate the cause of the same and will require your assistance during such investigation. If the result of WareGator’ investigation indicates that the cause of such irrecoverable data is due to the fault of WareGator, then WareGator will grant a service credit to you up to a maximum of the fee charged to you for the calendar month during which the irrecoverable data event took place.

 Maintenance

“Maintenance” means and includes:

    1. Any scheduled maintenance of the cloud data centers used by WareGator to provide the Service of which you are notified at least [3] days in advance. For the purpose of notifying you, WareGator will use the contact email on record. Please ensure that this email is up to date and accessed frequently; and
    2. any maintenance of the data centers used by WareGator: (a) is necessary to avoid an immediate threat to the data center or the Service and (b) of which Customer is notified.

 Operation Hours

  1. Normal operation hours for the system are 5:00AM to 5:00PM Pacific Prevailing Time M-F except for the following United States holidays: New Year’s Day, Martin Luther King, Jr. Day, Memorial Day, the 4th of July, Labor Day, Thanksgiving, Christmas. If the holiday falls on a Saturday, the Friday before the holiday is included as an exception day. If the holiday falls on a Sunday, the Monday after the holiday is included as an exception day.
  2. Premium subscription accounts have continuous operating hours (24×7) with no exception days.

 Exclusions

Customer shall not be entitled to any service credits if Service Downtime is due to the following exclusions:

    1. the actions or omissions of yourself or your employees, agents, representatives or contractors using the password(s) and user ID(s) issued by WareGator to you to access the Service;
    2. the result of Maintenance;
    3. a Denial of Service attack, hacker activity, or other malicious event or code targeted against WareGator or an WareGator customer;
    4. failure of any hardware, software, network or Internet infrastructure not owned or managed by WareGator or its sub-contractors;
    5. factors outside WareGator’ reasonable control;

 Service Credit Limits

Service credits have a maximum value of the monthly subscription fee for the subscription level of your account during the month in which a guarantee was not met.