Effective from 23 January 2017
Trujay will use commercially reasonable efforts to make our Service Offerings available with an Annual Uptime Percentage of at least 99.9% during the Service Year. In the event our Services do not meet the Annual Uptime Percentage commitment, you will be eligible to receive a Service Credit as described below.
If the Annual Uptime Percentage for your Service Offering drops below the Service Commitment for the Service Year you will be eligible to receive a Service Credit equal to 10% of the bill for the Eligible Credit Period.
To file a claim you do not have to have wait 365 days from the day you started using the service or 365 days from your last successful claim. You can file a claim any time your Annual Uptime Percentage over the trailing 365 days drops below the Service Commitment.
We will apply any Service Credits only against future Service Offerings payments otherwise due from you. Service Credits shall not entitle you to any refund or other payment from us. A Service Credit will be applicable and issued only if the credit amount for the applicable Eligible Credit Period is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account.
To receive a Service Credit, you must submit a claim by sending an email to email@example.com. To be eligible, the credit request must be received by within thirty (30) business days of the last reported incident in the SLA claim and must include:
If the Annual Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.
The Service Commitment does not apply to any unavailability, suspension or termination of the Service Offerings: (i) that result from a suspension or termination of your right to use our Service Offerings in accordance with the Agreement; (ii) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of our Service Offerings; (iii) that result from any actions or inactions of you or any third party; (iv) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); or (v) that result from a Maintenance Window.
If availability is impacted by factors other than those used in our Annual Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.