Service Level Agreement

Last Updated June 21, 2019

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​SalonTouch Service Level Agreement
This document is subject to and forms a part of our Terms of Service (the “Agreement”) and outlines the uptime commitments for our Software Service. Capitalized terms not defined below will have the meanings given to them in the Agreement.

1. Generally
It is SalonTouch’s intent that, subject to and excluding certain categories of outage and unavailability, the Services be up, running, and available for Customer’s use at least 99.9% for each consecutive, non-overlapping twelve (12) month period during which the Agreement is in effect (i.e., as measured during the year immediately following the effective date of the Agreement (i.e., “Year One”) and then starting over on each annual anniversary thereafter (i.e., Year Two, Year Three, etc.)).  The applicable Year is referred to below as a “Measurement Period.”  This section does not apply to beta and trial services, which are excluded from the service level-related credit system set forth below. 

2. Definitions
“Excluded Outages/Downtime” refers to:

• all scheduled maintenance provided by the hosting company, TierPoint; 
• any outage or downtime caused by a Force Majeure;
• overall Internet slowdown or unavailability caused by congestion or widespread Internet issues;
• any period of Agreement suspension or termination by SalonTouch;
• any outage, downtime, or slowdown caused in whole or in part by Customer’s equipment; by Customer’s third-party telecommunications services; or by any computer hardware, software, or network infrastructure not within the control or authority of SalonTouch; and/or
• any other cause beyond the reasonable control of SalonTouch.

 
“Non-Excluded Outages/Downtime” refers to outages or downtime not falling within the scope of Excluded Outages/Downtime.

3. Measurement Period Uptime Ratio
 The Measurement Period Uptime Ratio for a given Measurement Period is calculated as the following ratio.

​(Total Number of Minutes in the Measurement Period – Excluded Outage/Downtime Minutes) – Non-Excluded Outage/Downtime Minutes
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(Total Number of Minutes in the Measurement Period – Excluded Outage/Downtime Minutes) ​

​4. Software Service Credits​

• Calculation​
  

If, in relation to a completed Measurement Period, the Measurement Period Uptime Ratio is less than 99.9%, Customer shall receive a credit to Customer’s account that may be applied during the succeeding Measurement Period in the amount shown below.  Notwithstanding any other provision of this Agreement, the credits set forth below shall be the sole and exclusive remedy available to Customer in relation to Service outages or downtime during a given Measurement Period.

Measurement Period Uptime Ratio
99.9% or higher
98%-99.89%
95%-97.99%
90%-94.99%
Below 90%

Customer Service Credit (“Service Credit”)
No Credit
One (1) month of Service
Two (2) months of Service
Six (6) months of Service
Twelve (12) months of Service 

• Required Logistics ​

If Customer believes that Customer is entitled to a Service Credit arising from the Measurement Period Uptime Ratio for a given Measurement Period, Customer must request the Service Credit in an e-mail sent to [email protected] not later than the thirtieth (30th) day following the end of the subject Measurement Period. The e-mail must include dates, times, and descriptions of each instance of downtime, and any supporting calculations. All properly submitted credit requests will be verified against SalonTouch’s logs and system records. To be eligible for a Service Credit, Customer must have maintained a paid subscription in good standing throughout the subject Measurement Period and throughout the time during which Customer’s request is made and is pending. Credits will be applied to future services only. Unused credits are non-refundable upon termination of the Agreement.