This purchase agreement, the Act! End User License Agreement, and the attached Service Level Agreement (collectively, Agreement) govern your participation in the ActHosting.Net hosting program. If you have completed the ActHosting.Net Act! Onboarding form, you have acknowledged and accepted the following terms & conditions.
Keystroke.ca understands that your database information is vital to your business operations, and the content of which must be held to the strictest confidentiality standard; and that all reasonable measures be employed to ensure such data’s safekeeping. To that end, Keystroke undertakes the following:
Keystroke agrees to provide Service Levels as set forth in the attached Service Level Agreement.
This Service Level Agreement (this "SLA") supplements the Terms and Conditions in the Purchase Order, and together such documents form a binding agreement (the "Agreement") between Keystroke and customer.Service Access
Upon receipt of a valid and complete order, customer will receive notification and instructions of service access the following business day. In the case of unusual circumstances preventing this service level, Keystroke will inform the customer at time of order if possible.Service Commitment
The Keystroke Act! Hosted System is designed to be available 24x7x365 with the only exception being planned maintenance outages which are scheduled to have a minimal amount of impact to the customer base.
Keystroke will use commercially reasonable efforts to make the Service available with an uptime of at least 99%. If Keystroke fails to meet this service level, the customer will be eligible for a credit against the customer's Annual Renewal Subscription Fee in the amount set forth in the table below. The customer may claim this credit in writing or by email within seven (7) days after the end of the Month during which the service level failure occurs. The customer's right to claim a credit expires at the end of the seven day period.Monthly Uptime Credit:
This Service Level commitment does not apply to periods of Scheduled Maintenance, addressed below.2. Force Majeure
Keystroke shall not be responsible for any failure to perform due to an act of God (such as earthquakes, fires, riots), actions or inactions of a regulatory authority, or actions of others such as strikes, lockouts, or other industrial disturbances, not within the control or arising from the fault of the party claiming Force Majeure.3. Service Availability . Scheduled Maintenance
Scheduled Maintenance will not exceed a maximum of 12 hours at any one time and notifications will be provided according to the schedule below.4. Maintenance Notifications to Customer
In the event of unanticipated downtime, Keystroke will promptly notify customer of the length of the downtime and the cause.Support Hours and Holidays