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Terms and Conditions Confirm By Email Service Level Agreement (Business users)
This Service Level Agreement ("SLA") covers performance guarantees for our Confirm By Email service for Business Users only and is made between City Wide Dental Networks ("Confirm By Email, “City Wide Dental”, “CWD”, "we", "us", "our") and you ("User", "you"). Defined terms have the same meaning as in the Terms and Conditions (where applicable). City Wide Dental Networks may change the terms of this Service Level Agreement at any time by posting a revised version on its website. Notifications of updates will not be made directly to any individual or company. Continued use of the Services shall be deemed to constitute acceptance of any updates Data Centre Configuration
The Confirm By Email Data Centers have been designed to deliver the system uptime, security and reliability set out in this SLA. System Availability Guarantee
We offer a 99% uptime guarantee (excluding Maintenance as defined below and subject to the paragraph headed "Force Majeure"). This means that for any given month, while unlikely, it is possible that we may experience an average downtime of up to 60 minutes per month excluding Maintenance. If downtime exceeds this figure, your rights are set out below. Support Guarantee
City Wide Dental Networks will use its reasonable endeavors to respond to all support queries within 24 hours. Notification of non-performance
To be eligible for compensation under the any of the above Guarantees, the User must notify Start Backup of a possible incident within 12 hours of Confirm By Email’s failure to comply with the applicable Guarantee. Upon opening a support ticket, we will ascertain whether the failure was caused by an event within City Wide Dental Networks’ reasonable control. We will make reference to system log files to confirm the appropriate breach of the performance Guarantee. In the event of a disaster, notification of the actual disaster by email or telephone to the Support Team is acceptable, where the Support Team will investigate into the reported issue and use its reasonable endeavours to work with the User to restore functionality Compensation Payments
In case of non-performance under this Agreement, unless the non-performance arises from an event of force majeure as set out below, or from one of the situations set out under the heading "Exclusions", the User will be compensated as follows: System Availability Guarantee - if an outage exceeds 60 minutes, we will refund 5% (five percent) of the User's base monthly recurring fee per full hour of downtime, up to a monthly maximum of 100% (one hundred percent) of the base monthly recurring fee. Exclusions
Confirm By Email shall not be deemed to have failed to meet any guarantee where the failure arises from: failure of the User’s telecommunication links or other telecommunications links or access circuits outside Confirm By Emails’ control which prevent access to the Confirm By Email systems. Failure of the User to comply with the Contract or the User’s negligence; The User’s configuration of the Product or any custom scripting or coding (e.g., Command Line Scripts) by or on behalf of the User; SLA breaches reported as a result of outages or errors of any Confirm By Email measurement system; Failure of the User’s hardware equipment or software, or any other hardware or software installed on or connected to the Users computer or server which is outside the control of Confirm By Email; or Refund Procedures
Users must notify us via email to support
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indicating that they wish to pursue their rights as guaranteed by this SLA within 7 days of the incident. If a response from us is not received within 24 hours, the User should assume that a technical difficulty has prevented us from receiving their request, and should contact by telephone on 1(403)456-6261 Refunds will be payable by City Wide Dental Networks following the end of the month during which the failure to comply with this SLA occurred. Maintenance
Maintenance means Any scheduled maintenance at the Confirm By Email Data Centre’s, where the User is notified 48 hours in advance by telephone, email, fax or by a message posted on the Confirm By Email website. Maintenance can be scheduled on any day of the week, including weekends, and can be at any time of the day although we will use our reasonable endeavors to carry out scheduled maintenance during normal business hours. Any emergency maintenance at the Confirm By Email Data Centre’s which has not been notified to the User in advance, but is reasonably necessary in order to ensure the continued provision of the Service. Force Majeure
Neither party shall be liable for any failure or delay in performance of the Contract (other than an obligation to make payment), which is caused by circumstances beyond the reasonable control of that party including but not limited to fires, explosions, severe weather, industrial disputes, insurrection, riots, requirements or regulations or any civil or military authority, acts of war (whether declared or not), civil unrest, acts of God, earthquake, flood, riot, embargo, government act, terrorist action, DNS caching, propagation or other DNS issues outside Confirm By Email reasonable control or failure or outage of any telecommunications links or other connections forming part of the internet which are not under the control of Confirm By Email.
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