Support and Service Levels

During the Term, the Services shall be available at least 99.9% of the time, measured monthly, excluding holidays and weekends and scheduled maintenance.  If Customer requests maintenance during these hours, any uptime or downtime calculation will exclude periods affected by such maintenance.  If the Company does not meet the service level as set forth herein, Customer will be eligible to receive the Service Credit as described below.

Customer Must Request Service Credit. In order to receive Service Credit (as defined below), Customer must notify Company in writing within 24 hours from the time Customer becomes eligible to receive a Service Credit. Failure to provide such notice will forfeit the right to receive a Service Credit.

Maximum Service Credit. The aggregate maximum number of Service Credits to be issued by Company to Customer for all Downtime (as defined below) that occurs in a single calendar month shall not exceed fifteen (15) days of Service added to the end of Customer’s term for the Service. Service Credits may not be redeemed for cash. “Downtime” is defined as a user error rate of more than five percent (5%), and is measured based on server side error rate. 

Exclusions. These support and service levels do not apply to any performance issues: (a) caused by factors described in the Force Majeure section of the Order Form; (b) that resulted from Customer’s equipment, Customer’s third party equipment, or any combination of the foregoing; or (c) in connection with Company’s blocking of data communications or other Service in accordance with the Terms of Service.

Exclusive Remedy. The terms as set forth herein are the sole and exclusive remedy, and Company’s entire liability, in connection with Service availability. 

Help Desk. Customer may initiate a help desk ticket during Support Hours by calling (800) 655-6905 or any time by emailing support@whistic.com. 

Support. Company will provide Technical Support to Customer via both telephone and electronic mail on weekdays during the hours of 9:00 am through 5:00 pm Mountain time, with the exclusion of Federal Holidays (“Support Hours”). 

Conflict of Terms. If there is a conflict between the terms herein and the terms in the Order Form Terms and Conditions, the Order Form Terms and Conditions will control. 

Definitions. 

“Monthly Uptime Percentage” means the total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month, minus the planned and announced downtime, divided by the total number of minutes in a calendar month. 

“Service Credit” means the following: