Phipe Service Level Agreement

Phipe SLA. During the Term of the applicable Phipe Agreement, the Phipe Service will be operational and available to Customer at least 98.0% of the time in any calendar month (the "Phipe SLA"). If PhiStream Consulting Ltd. does not meet the Phipe SLA, and if Customer meets its obligations under this Phipe SLA, Customer will be eligible to receive the Service Credits described below. This Phipe SLA states Customer's sole and exclusive remedy for any failure by PhiStream Consulting Ltd. to provide the Service.

Definitions. The following definitions shall apply to the Phipe SLA.
  • "Phipe Web Service" means any portion of the Phipe web service available in the form of SaaS (Software as a Service). This does not include connectivity with Skype, Skype's connectivity with the internet or problems in connectivity due to a network outage at the Customer end.
  • "Downtime" means if the Customer's installation of Phipe is unable to connect to the Phipe Web Service due to a problem at the Phipe Web Service end and shows the following errors/alert messages:
    • Unable to connect to the server.
    • Unable to connect to the server after several tries. Application will now shut down.
    • Unable to contact the server. Check your connection.
    • Unable to fetch data from server. Please Try Again.
  • "Downtime Period" means, for a domain, a period of ten consecutive minutes of Downtime. Intermittent Downtime for a period of less than ten minutes will not be counted towards any Downtime Periods.
  • "Monthly Uptime Percentage" means total number of minutes in a calendar month minus the number of minutes of Downtime suffered from all Downtime Periods in a calendar month, divided by the total number of minutes in a calendar month.
  • "Scheduled Downtime" means those times where PhiStream Consulting Ltd. notifies Customer of periods of Downtime at least one day prior to the commencement of such Downtime. There will be no more than twelve hours of Scheduled Downtime per calendar year. Scheduled Downtime is not considered Downtime for purposes of this Phipe SLA, and will not be counted towards any Downtime Periods.
  • "Service" means the service provided by PhiStream Consulting Ltd. to Customer under the applicable Phipe Agreement.
  • "Service Credit" means the following:

    Monthly Uptime Percentage Days of Service added to the end of the Service term, at no charge to Customer
    < 98.0% - greater equal to 95.0% 3
    < 95.0% 7


Customer Must Request Service Credit. In order to receive any of the Service Credits described above, Customer must notify Phipe Support (support@phipe.com) within five days from the time Customer becomes eligible to receive a Service Credit. To be eligible, the credit request must
  1. include, in the subject of the email, the Company Code. The Company Code can be found in the email titled Phipe Activation Details, which is sent to the Customer within twenty-four hours of purchasing licenses.
  2. include, in the body of the email, the date, time and the duration of the Downtimes experienced.
  3. include, as an attachment, a screenshot of each incident.
Failure to comply with this requirement will forfeit Customer's right to receive a Service Credit. If the Customer qualifies for a Service Credit, we will issue the Service Credit in the same billing cycle within five days.

Maximum Service Credit. The aggregate maximum number of Service Credits to be issued by PhiStream Consulting Ltd. to Customer for any and all Downtime Periods that occur in a single calendar month shall not exceed seven days of Service added to the end of Customer's term for the Service. Service Credits may not be exchanged for, or converted to, monetary amounts.

Phipe SLA Exclusions. The Phipe SLA does not apply to any service's that expressly exclude this Phipe SLA (as stated in the documentation for such services) or any performance issues: (i) caused by factors outside of PhiStream Consulting Ltd.'s reasonable control; or (ii) that resulted from Customer's equipment or third party equipment, or both (not within the primary control of PhiStream Consulting Ltd.).