This Lightrail Service Level Agreement (“SLA”) is a policy governing the use of Lightrail under the terms of the Lightrail Client Services Agreement (the “Client Agreement”) between Giftbit, Corp, (“Giftbit”, “us” or “we”) and users of Lightrail (“you”). This SLA applies separately to each account using Lightrail. Unless otherwise provided herein, this SLA is subject to the terms of the Client Agreement and capitalized terms will have the meaning specified in the Client Agreement. We reserve the right to change the terms of this SLA in accordance with the Client Agreement.
Giftbit will use commercially reasonable efforts to make Lightrail available with a Monthly Uptime Percentage (defined below) of at least 99.95%, in each case during any monthly billing cycle (the “Service Commitment”). Giftbit will support the creation of at least 500 cards per minute and process at least 2500 transactions per minute. In the event Lightrail does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.
Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments such as upfront payments for setup or accelerated feature development) for Lightrail for the monthly billing cycle in which the Unavailability occurred in accordance with the schedule below.
|Monthly Uptime Percentage||Service Credit Percentage|
|Less than 99.95% but equal to or greater than 99.0%||10%|
|Less than 99.0%||30%|
We will apply any Service Credits only against future Lightrail payments otherwise due from you. At our discretion, we may issue the Service Credit to the bank account or credit card you used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment from Giftbit. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Client Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide Lightrail is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
To receive a Service Credit, you must submit a claim by opening a case in the Lightrail Support Center. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:
If the Monthly 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 Lightrail: (i) that result from an account suspension; (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 Lightrail; (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); (v) that result from any maintenance as provided for pursuant to the Client Agreement; or (vi) arising from our suspension and termination of your right to use Lightrail in accordance with the Client Agreement (collectively, the “Lightrail SLA Exclusions”). If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.
Last Updated: March 17, 2017