Scribe Online Service Level Agreement
The Service Availability SLA described herein apply and are available to Customers with an active paid subscription to Scribe Online, and whose account is current (i.e. not past due), including, with respect to timely payment of fees therefor. The Scribe Online Services are delivered pursuant to the TIBCO Software End User License Agreement (EULA), which is available at: https://terms.tibco.com/posts/2306021-end-user-license-agreement.
1. Service Availability
a. Coverage and Definitions
“Service Availability” is defined as the percentage of a particular Service Month that Scribe Online was available for access. This is based on 24 hour days for the number of days in the subject month. Service Month days before or after subscription start or end dates are considered to be at 100% Service Availability.
“Service Month” is defined as the calendar month during which a subscription is active.
“Unavailability” means that your scheduled solutions fail to run due to an issue with the Scribe Online Service or you are unable to run “On Demand” due to an issue with the Scribe Online Service.
“Scheduled Maintenance” does not factor into Service Availability. To ensure the Platform uptime and keep Scribe Online operating optimally, it is necessary to perform regular, routine maintenance that, on occasion, may affect Platform availability. Scheduled Maintenance generally occurs on an 8-week cadence on Friday evenings from 21:00 – 24:00 US Eastern Time. All efforts are put in place to isolate this Scheduled Maintenance from impacting the Scribe Online services where scheduled replication, synchronizations, or integrations are impacted. There is a two-week notification of Scheduled Maintenance via the Scribe Trust website.
Scribe Software reserves the right to schedule additional Scheduled Maintenance on an emergency basis with at least twelve (12) hours notice, for no more than three (3) hours at a time. These notifications will be emailed and will be posted in the Scribe Success Community (https://success.scribesoft.com/).
b. Service Level
Scribe Online maintains at least 99.5% Service Availability.
Subject to 1c and 1d, if in any month the Service Availability is less than 99.5%, Scribe Software shall provide, as the sole and exclusive remedy, a 10% credit to Customer, with the credit being calculated on the basis of the monthly service charge for the affected service.
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Service Availability caused by or associated with:
- circumstances beyond Scribe Software’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, outages related to underpinning contract providers, any force majeure event, internet access or related problems beyond the demarcation point of Scribe Online;
- scheduled maintenance and emergency maintenance;
- any DNS or Domain Registry issues outside the direct control of Scribe Software including DNS and Registry propagation issues and expiration;
- Customer’s acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, any negligence, willful misconduct, or use of the customer’s account in breach of Scribe Software’s Terms of Service;
- outages elsewhere on the Internet that hinder access to your account. Scribe Software is not responsible for browser, DNS, or other caching that may make your account appear inaccessible when others can still access it.
d. Credit Request
To receive a Service Credit, you must submit a request by sending an e-mail message to SOL-SLA-Request @ scribesoft.com. To be eligible, the credit request must (i) include your Scribe Online Organization Number in the subject of the e-mail message (the organization number can be found in the Edit Current Organization page); (ii) include, in the body of the e-mail, the dates and times of each incident of Unavailability that you claim to have experienced including instance names of the solutions that were running (if relevant) and affected during the time of each incident; (iii) include your server logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks); and (iv) be received by us within thirty (30) business days of the Unavailability. If the Service Availability of such request is confirmed by us and is less than 99.5% for the Service Month, then we will issue the Service Credit to you within one billing cycle following the month in which the request occurred. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit. There can only be one claim per subscription per Service Month.
The total amount credited to Customer in a particular month under this SLA shall not exceed the total monthly recurring fee paid by the Customer for said month for the affected Services. Credits are exclusive of any applicable taxes charged to Customer or collected by Scribe Software and are Customer’s sole and exclusive remedy with respect to any failure or deficiency in the Service Availability.
End-User support for Scribe Online is provided free of charge for all break-fix related incidents. Support is available via Chat, logging a support Incident, via phone (+1 603.622.5109; option 3). Technical Support is offered Monday – Friday, 03:00 – 20:00 Eastern Time, excluding specific holidays. The Scribe Support Calendar details any non-support days.