Service Level Agreement (SLA)

“Visuals API” commits to offering service credits as detailed in this Service Level Agreement (“SLA”) to Enterprise Subscribers should Visuals API fall short of meeting the metrics specified herein. Unless stated otherwise, the metrics in this SLA are applicable solely to Enterprise offerings as outlined herein.

Visuals API services shall maintain a 99.85% availability each calendar month. If Subscribers encounter any of the Service performance issues described below due to Service unavailability, they will be qualified to receive service credits.

Definitions

  • Available means that Visuals API is ready for use upon your first request, or within a 30-second window of your second request;

  • Downtime refers to the total number of minutes in a month when Visuals API is not Available for a Subscriber (excluding Permitted Downtime).

  • Permitted downtime refers to the number of minutes in the month during which Visuals API is not available as a result of:

    • planned maintenance;
    • unavailability of data to us;
    • interruptions beyond our reasonable control;
    • your account being suspended or closed we aim to provide a notice on our site 48 hours in advance of site maintenance.

  • Month refers to the total number of minutes in each month, less Permitted Downtime.

  • Monthly Uptime Percentage is calculated as: total number of minutes in a calendar month minus the number of minutes of downtime that have occurred in a calendar month, divided by total number of minutes in a calendar month.

  • Service refers to service provided by Visuals API to subscriber under the terms of service signed.

Availability: availability and service credit hours will be assessed as follows:

  • service level – 99.85% availability per month;
  • availability measure – measured by our monitoring systems at the end-points of Visuals API, and calculated as follows: % availability = ((Month – Downtime) x100) / Month;
  • credit – if the availability % is less than 99.85%, you will be entitled to service credit hours equivalent to the period of downtime that falls below our 99.85% service level, rounded up to the nearest hour.

Subscriber service credit request: For any Service-related concerns, Subscribers are required to notify Visuals API within thirty (30) days from the moment they believe they are entitled to a service credit. Non-compliance with this requirement will forfeit the subscriber’s right to receive a service credit.

Maximum service credit: The total aggregate number of servicecCredits to be issued by Visuals API to subscriber for all downtime periods in a single calendar month shall not exceed sixteen days of service added to the end of subscriber’s term for the service. Service credits may not be exchanged for, or converted to, monetary compensation.

Visuals API SLA Exclusions: The Visuals API SLA does not apply to any Service(s) that expressly exclude this SLA (as stated in the documentation for such services) and any performance issues that are: (i) caused by factors outside of Visuals API’s reasonable control; (ii) resulted from any actions or inactions of Subscriber or any third parties; or (iii) resulted from Subscriber’s equipment and/or third party equipment. This Visuals API SLA states subscriber’s sole and exclusive remedy for any failure by Visuals API to meet this Visuals API SLA.

All service credits will be posted during the calendar month following the month in which a service problem was reported in accordance with the procedures set forth above. Service credits do not include usage, taxes, surcharges or other fees. No service credit will be issued if the Customer’s account has an undisputed overdue balance exceeding 30 days.