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Online Services Service Level Agreement (SLA)

For definitions of each Service feature (“Service Feature”) and to review historical and current Uptime, visit the Synergy Status Page on https://status.synergyos.com/. Capitalized terms used but not defined in this SLA have the meaning assigned in Customer’s applicable agreement.

1. Uptime Guarantee​

“Uptime” is the percentage of total possible minutes the applicable Synergy service was available in a given calendar quarter. Synergy commits to maintain at least 99% Uptime for the applicable Synergy service. The Uptime calculation for each Service Feature that may be included with the applicable Synergy service is described below (“Uptime Calculation”). If Synergy does not meet the SLA, Customer will be entitled to service credit to Customer’s account (“Service Credits”) based on the calculation below (“Service Credits Calculation”). Note, Downtime does not affect every customer at the same time or in the same way.

Service Feature​

All SynergyOS modules

Uptime Calculation​

(total minutes in a calendar quarter - Downtime) / total minutes in a calendar quarter

Definitions​

“Downtime” is a period of time where either:

  • (a) the error rate exceeds five percent (5%) in a given minute for any Service Feature; or
  • (b) the Service was unavailable as determined by a combination of Synergy’s internal and external monitoring systems.

Service Credits Calculation​

A Service Credits claim may be based on either (not both) of the following calculations:

  • 10% of the amount Customer paid for a Service Feature in a calendar quarter where the Uptime for that Service Feature was less than or equal to 99%, but greater than 95.0%.
  • 25% of the amount Customer paid for a Service Feature in a calendar quarter where the Uptime of that Service Feature was less than 95.0%.

2. Exclusions​

Excluded from the Uptime Calculation are Service Feature failures resulting from:

  • (i) Customer’s acts, omissions, or misuse of the applicable Synergy service, including violations of the Agreement;
  • (ii) failure of Customer’s internet connectivity;
  • (iii) factors outside Synergy’s reasonable control, including force majeure events; or
  • (iv) Customer’s equipment, services, or other technology.

3. Service Credits Redemption​

If Synergy does not meet this SLA, Customer may redeem Service Credits only upon written request to Synergy within thirty (30) days of the end of the calendar quarter. Written requests for Service Credits redemption and Synergy Enterprise Cloud custom monthly or quarterly reports should be sent to Synergy Support.

Terms for Service Credits Redemption:​

  • Service Credits may take the form of a refund or credit to Customer’s account.
  • Service Credits cannot be exchanged into a cash amount.
  • Service Credits are limited to a maximum of ninety (90) days of paid service per calendar quarter.
  • Customer must have paid any outstanding invoices.
  • Service Credits expire upon termination of Customer’s agreement with Synergy.

Service Credits are the sole and exclusive remedy for any failure by Synergy to meet any obligations in this SLA.