Service Level Agreement

1) DEFINITION

This Service Level Agreement (SLA) applies to you (“End User”) if you have purchased access to Address Lookup or Email Validation for Web (“the Service”) via any of its APIs or associated programs.
The service is provided using a per click transaction model. A ‘click’ means the submission of a search against the Service
As used herein, the term “Service Availability” means the percentage of a particular month (based on 24-hour days for the number of days in a subject month) that the service will be available for End User access. This percentage does not include scheduled maintenance time as detailed further within this agreement.

2) DURATION

This SLA will be adhered to for the duration of the licensing term, detailed as part of the Service Agreement you receive when making a purchase.

3) HOPEWISER RESPONSIBILITIES

• Service Availability – Hopewiser aim to achieve 99% service availability for all customers making use of the cloud.hopewiser.com endpoint or one of the other resilience options described here: www.hopewiser.com.au/developer-documentation/network-administration. The availability target will not apply if the customer does not choose to implement a resilient option.
• Maintenance – Hopewiser reserves the right to take the service down for three (3) hours on one (1) working day per calendar month. This will generally be 9:00am to 12:00pm (GMT/BST) on the last working Wednesday of each calendar month. Hopewiser reserves the right to apply emergency updates outside of this period where deemed system critical, again to ensure long term continuity of service. In this instance notification will be provided but could be minimal.
• Support – Hopewiser will provide email support during working hours. Working hours are defined as 9:00am until 5:00pm Monday to Friday, excluding Public Holidays. Any emails sent by End Users out of this period, will be handled the next working day.
• Resolution – Under normal circumstances End Users can expect a response to email queries within three (3) hours. Hopewiser will strive to resolve support queries within twenty four (24) hours
• ‘Number of clicks’ notification – End Users will be notified by email when the number of clicks used reaches the 90% and 95% threshold of the original purchase quantity.
• ‘Expiry date’ notification – End Users will be notified by email two (2) and then one (1) week before the service is due to expire.

4) CUSTOMER RESPONSIBILITIES

• Contact details – End Users must keep Hopewiser informed of contact name and email address of at least one person responsible for the Service at the End User site. This information needs to be current and accurate as it will be used for any correspondence regarding the Service.
• Resilience – End Users must either access the service through the resilient end-point cloud.hopewiser.com or implement a resilience solution and regularly check for updates to the acceptable server list at www.hopewiser.com.au/developer-documentation/network-administration
• Self-Help – End Users should use the relevant documentation at www.hopewiser.com.au/developer-documentation/listing/address-lookup and on-line help before contacting the Hopewiser support team.
• Reporting – If a problem cannot be resolved through ‘self-help’ methods, then Hopewiser should be informed as soon as practical.

5) EXCEPTIONS

Hopewiser cannot be held responsible for failure or deficiency of service due to the following:

• Circumstances beyond Hopewiser’s reasonable control, including without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labour disturbance, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software or inability to obtain supplies or power used in computer equipment needed for provisions of this SLA.
• Failure of access to Hopewiser’s network, unless such failure is caused solely by Hopewiser.
• Scheduled maintenance, emergency maintenance and upgrades.
• ‘Domain Name Service’ issues outside the direct control of Hopewiser.
• False SLA breaches reported as a result of outages or errors of any Hopewiser measurement system.
• Customer’s acts or omissions (or acts or omissions of others engaged or authorised by a customer), including, without limitation any negligence, willful misconduct or use of the Service in breach of the agreed licence Terms.
• Outages elsewhere on the Internet that hinder access to the Hopewiser Service.

6) CREDIT REQUEST

Credit can be requested if the Service becomes unavailable for a certain amount of time and is applicable within any given calendar month:
Service Availability (for that month) => Credit Percentage (for that month)
99% to 100% => 0%
95% to 99% => 10%
90% to 95% => 20%
85% to 90% => 30%
85% or below => 50%
Note: This does not include the previously defined maintenance time.
In order to receive a credit, an End User must make a request by sending an email message to services@hopewiser.com. Each request in connection with this SLA must include the customer’s full details and the dates and times of the unavailability of the Service. This email must be received by Hopewiser within five (5) business days after the Service was not available. If the unavailability is confirmed by Hopewiser, credits will be applied within one billing cycle after Hopewiser’s receipt of the Customer’s credit request. Credits are not refundable and can be used only towards future billing charges.
Notwithstanding anything to the contrary herein, the total amount credited to an End User in a particular month under this SLA shall not exceed the total Service fee paid by an End User for such month for the affected Services. Credits are exclusive of any applicable taxes charged to an End User or collected by Hopewiser and are a customer’s sole and exclusive remedy with respect to any failure or deficiency in the availability of the Service.