Flowplayer Video Platform Service Level Agreement
Flowplayer Video Platform (FVP) delivers a highly scalable video platform with high availability and reliability.
This Service Level Agreement (“SLA”) is a policy governing the use of the Flowplayer under the terms of the FVP Customer Agreement (the “FVP agreement”) between Flowplayer and users of Flowplayer services (“you”). This SLA applies separately to each account using FVP. Unless otherwise provided herein, this SLA is subject to the terms of the FVP Agreement and capitalized terms will have the meaning specified in the FVP Agreement. We reserve the right to change the terms of this SLA in accordance with the FVP Agreement.
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Flowplayer will use commercially reasonable efforts to make FVP available with a Monthly Uptime Percentage (defined below) of at least 99.5% during any monthly billing cycle (the “Service Commitment”). In the event FVP does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.
- “Monthly uptime percentage” will be measured using Pingdom Uptime Check of the web service responsible for displaying videos (www.pingdom.com/product/uptime-monitoring).
- We will only record downtime in excess of 5 minutes to count as downtime (shorter downtimes than 5 minutes will not be counted as downtime).
- A “Service Credit” is a USD credit, calculated as set forth below, that we may credit back to an eligible FVP account.
Service Credits are calculated as a percentage of the total charges paid by you for FVP for the billing cycle in which the error occurred in accordance with the schedule below.
|Monthly uptime percentage||Service Credit Percentage|
|Equal to or greater than 99.0% but less than 99.5%||10%|
|Less than 99.0%||20%|
Notwithstanding the right to make a deduction as set out above, in the event that the Supplier does not meet the requirement on accessibility on repeated occasions, you shall also have the right to terminate the Agreement citing material breach of contract.
The Service Commitment does not apply to any unavailability, suspension or termination of FVP or any other FVP performance issues: (i) that result from a suspension based on illegal content management ; (ii) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of FVP; (iii) that result from any actions or inactions of any third party; (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); or (v) arising from our suspension and termination of your right to use FVP.
To request a credit, send email to Flowplayer at email@example.com. You must include either your Flowplayer account ID or registered email address, and dates and times of unavailability. If we confirm that you are owed Service Credits, we will issue a credit to your account within ten (10) business days. Credits may only be used against future billing charges. The Service Credits shall be your sole and exclusive remedy for any failure of Flowplayer to operate in accordance with the SLAs.