Go Testify – Service Level Agreement
Dated: 22nd Feb 2023
This Service Level Agreement sets out the agreed availability of the Platform that will be provided to you in accordance with the Customer Terms of Service (the "Main Agreement").
1.1 In this Service Level Agreement, the following words and phrases shall have the corresponding meanings:
1. means a day, other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
Force Majeure Event
2. means an event which is beyond the reasonable control of Go Testify, including:
[a] riot, civil unrest, military action, terrorism or war (whether declared or not) or threat of or preparation for war;
[b] damage to or destruction of premises or equipment, or breakdown of equipment, in each case not attributable to Go Testify;
[c] epidemic (including any Public Health Emergency of International Concern or pandemic declared by the World Health Organization) or pandemic;
[d] interruption or failure of a utility service or telecommunications network and/or breakdown of plant or machinery;
[e] any change in applicable law which materially impacts Go Testify's ability to perform any obligation under this Service Level Agreement or the Main Agreement;
[f] earthquake, storm, fire, flood, landslide or other natural disaster;
[g] industrial action, strikes or lock-outs by employees of third parties; and
[h] any denial of service attack from a third party (or any similar event).
3. means any Planned Maintenance and any Unplanned Maintenance
Normal Business Hours
4. the period from 9.00 am to 5.00 pm on any Business Day
5. means regularly scheduled maintenance of the Platform that will take place outside of Normal Business Hours.
6. has the meaning given to that term in the Main Agreement.
7. means emergency maintenance of the Platform that is required to take place during Normal Business Hours in order to correct any security vulnerabilities or to correct any defaults that are likely to cause a material outage of the Platform
2. Service Uptime
2.1 Subject to clause 2.2, Go Testify shall use commercially reasonable endeavours to ensure that the Platform has at least 99% uptime service availability (the "Uptime Service Level").
2.2 The Platform shall not be considered unavailable for the purposes of calculating the Uptime Service Level where it is unavailable as a result of:
2.2.1 any Maintenance Event;
2.2.2 any Force Majeure Event; or
2.2.3 any failure or outage of your IT or communications systems.