MTCaptcha Service Level Agreement

Effective date: May 25th, 2018

INTRODUCTION

This service level agreement (SLA) describes the levels of service that paying customers (the client) will receive from MTCaptcha (Vendor). Paying customers is defined as any account that actively uses and pays for MTCaptcha Pro or Enterprise service plans (Paid Plans) in the billing period. (For full list and details of service plans see MTCaptcha Pricing page)

This SLA should be read alongside the terms of use (MTCaptcha Terms) between the client and Vendor. Although the SLA covers key areas of the client's provided services and support, other contracts may include areas not covered by this SLA.

PURPOSE

The client's received service depends on IT equipment, software and services (together: ‘the System') that are provided, maintained and supported by Vendor. Some of these items are of critical importance to the business

This service level agreement sets out what levels of availability and support the client is guaranteed to receive the System. It also explains what penalties will be applied to Vendor should it fail to meet these levels.

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SCOPE

PARTIES

This SLA is between:

The Client:
Any customer that actively uses and pays for MTCaptcha Paid Plans for the billing and service period.

Vendor:
MTCaptcha
1400 Four Embarcadero Center
San Francisco, CA 94111.
support@mtcaptcha.com

DATES AND REVIEWS

This agreement is effective between the client and the Vendor for the periods where the client has selected the usage of MTCaptcha Paid Plans and have provided means of payment.

SERVICE COVERED

This SLA covers only those services provided by Vendor to the client for purposes of captcha. Vendor provides a Captcha Service. This SLA contemplates only those above-named services and makes no guarantees or representations as to the provision or availability of any other service that may be provided by Vendor as an ancillary benefit to its clients.

EXCLUSIONS

This SLA is written in good faith. Vendor will always do everything possible to rectify every issue in a timely manner. However, there are exclusions. This SLA does not apply to:

• Any equipment, software, services, third party or otherwise, or any other parts of the System not listed above
• Software, equipment or services not purchased via and managed by Vendor.

Additionally, this SLA does not apply when:

• The problem has been caused by using software or service(s) in a way that is not recommended
• The client has made undocumented or unauthorized changes of affected software or services
• The issue has been caused by unsupported devices, equipment, software or other services.
• The failure or unavailability of the clients systems
• The failure of the whole or part of the Internet, and the failure of any other technology or equipment used to connect to or access the service
• Any force majeure event

This SLA also does not apply if the client is in breach of its contract with Vendor for any reason (e.g. late payment of fees, improper use, violation of terms, etc.).

RESPONSIBILITIES

VENDOR RESPONSIBILITIES

Vendor will provide and maintain the System used by the client. Additionally, Vendor will:

• Service Provider will use reasonable efforts to achieve a service Monthly Uptime Percentage.
• Ensure relevant software, services are available to the client where necessary.
• Respond to support requests within a reasonable timeframe of 24 hours
• Take steps to escalate and resolve issues in an appropriate, timely manner.
• Maintain good communication with the client at all times.

CLIENT RESPONSIBILITIES

The client will use Vendor-provided system and service as intended. Additionally the client will:

• Provide timely payment of services.
• Notify the Vendor of issues or problems in a timely manner
• Maintain good communication with Vendor at all times, include keeping account contacts up to date.

GUARANTEED UPTIME

UPTIME LEVELS

In order to enable the client to do business effectively, Vendor guarantees that certain items will be available for a certain percentage of time.

• The Captcha Service is guaranteed to have a 99.99% uptime.
• The Client (Admin) platform is guaranteed to have a 99.9% uptime.

MEASUREMENT AND PENALTIES

Uptime is measured over each calendar month. It is calculated to the nearest minute, based on the number of minutes in the given month (for instance, a 31-day month contains 44,640 minutes).

If uptime for any item drops below the relevant threshold, a penalty will be applied in the form of a credit for the client equivalent to twice the total downtime. This means the following month's fee payable by the client will be reduced on a sliding scale.

The level of penalty will be calculated depending on the number of minutes for which the service was unavailable, minus the downtime permitted by the SLA:

Uptime penalties in any month are capped at 100% of the total monthly fee.

CLAIM PROCEDURE

To receive a service credit for a particular calendar month, the client must submit a claim by email to the support team within 60 days during which the System did not meet the Vendor SLA, and include the following information:

• Customer name and account number
• The name of the service to which the claim relates
• The name, email address, and telephone number of the Customer's designated contact
• Information supporting each claim of Downtime, including date, time, and a description of the incident and affected service, all of which must fall within 60 calendar days for which you are submitting a claim

GUARANTEED RESPONSE TIMES

When the client raises a support issue with Vendor, Vendor promises to respond in a timely fashion

RESPONSE TIMES

The response time measures how long it takes Vendor to respond to a support request raised via Vendor's support system.

Vendor is deemed to have responded when it has replied to the client's initial request. This may be in the form of an email or telephone call, to either provide a solution or request further information.

Response times are measured from the moment the client submits a support request via Vendor's online support system or email.

Subject to the above limitations, Vendor promises to respond to support requests within twenty-four (24) hours.

RESOLUTION TIMES

Vendor will always endeavour to resolve problems as swiftly as possible. It recognises that the client's use of the System is key to its business and that any downtime can cost money.

However, Vendor is unable to provide guaranteed resolution times. This is because the nature and causes of problems can vary enormously.

In all cases, Vendor will make its best efforts to resolve problems as quickly as possible. It will also provide frequent progress reports to the client

RIGHT OF TERMINATION

Vendor recognises that it provides services that are critical to the client's business

If Vendor consistently fails to meet the service levels described in this document, the client may terminate its entire contract with Vendor, with no penalty.

CHANGES TO THIS SLA

Vendor may modify this Service Level Agreement from time to time by posting such amended Service Level Agreement to Service Provider’s site, but will provide sixty (60) days advance notice to Customer before materially reducing the benefits offered to Customer under this Service Level Agreement.

CONTACT US

If you have any questions about this Service Level Agreement, or to submit a claim, please contact us:

• By email: info@mtcaptcha.com
• By visiting this page on our website: https://www.mtcaptcha.com/contact

REVISION HISTORY