Service Level Agreement

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Effective date: July 15, 2013

This Service Level Agreement ("SLA") is a policy governing the use of the Nimbb online service ("API") under the terms of the Nimbb service agreement ("Agreement") set forth here between D2Soft Technologies Inc. ("D2Soft", "us" or "we") and users of the API ("you"). We reserve the right to change the terms of this SLA at anytime.

Service Commitment


D2Soft will use commercially reasonable efforts to make the API available with a Monthly Uptime Percentage (defined below) of at least 99.9% during any monthly billing cycle (the "Service Commitment"). In the event D2Soft does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

Definitions

  • "Error Rate" means: (i) the total number of internal server errors causing the service to be inaccessible divided by (ii) the total number of requests during that period. The calculation of the number of internal server errors will not include errors that arise directly or indirectly as a result of any of the Nimbb SLA Exclusions (as defined below).
  • "Monthly Uptime Percentage" is calculated by subtracting from 100% the average of the Error Rates from each month.
  • A "Service Credit" is an extension of service, calculated as set forth below, that we may give back to an eligible account.

Service Credits


In case that Nimbb is unable to complete its Service Commitment in any given month, you, as a Nimbb subscriber, you might be able to get a Service Credit. You can request a "Service Credit" that consists in an extension of your Nimbb subscription based on the following table:

Monthly Uptime Percentage Service Credit
Equal to or greater than 99%
But less than 99.9%
Subscription extension of 1 day
Less than 99% Subscription extension of 1 day + length of down time


Service Credits will not entitle you to any refund or other payment from Nimbb. Service Credits may not be transferred or applied to any other account. Service Credits are only available upon receiving a Credit Request by an active and valid Nimbb subscriber.

Credit Request


To receive a Service Credit, you must submit a claim by using our Contact form on our site. To be eligible, the Credit Request must be received by us within 31 days following the month during which the incident occurred and must include:
  • the words "SLA Credit Request" in the message body;
  • the dates and times of each incident of Error Rates that you are claiming; and
  • your request 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).

If the Monthly Uptime Percentage applicable to the month of such request is confirmed by us and is less than 99.9%, then we will issue the Service Credit to you within 7 days after 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.

Nimbb SLA Exclusions


The Service Commitment does not apply to any unavailability, suspension or termination of the Nimbb API, or any other Nimbb performance issues: (i) that result from a suspension of your account and/or your right to use Nimbb in accordance with our Term of Use; (ii) caused by factors outside of our reasonable control, including any uncontrollable event or Internet access or related problems beyond Nimbb’s control; (iii) that result from any actions or inactions of you or any third party; or (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). If availability is impacted by factors other than those used in our calculation of the Error Rate, we may issue a Service Credit considering such factors in our sole discretion.

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