farmOTT Service Level Agreement
Last updated on: September 26, 2013
This farmOTT Service Level Agreement ("SLA"
between the Ittiam Media Labs Private Limited ("Ittiam" "farmOTT") and users of the farmOTT service ("you"). We reserve the right to change the terms of this SLA in accordance with the farmOTT agreement at our own discretion with or without prior written notice to you. "Availability of Services" means that farmOTT may be accessed and used by you (as measured by farmOTT ).
Availability of Services
Ittiam will make commercially reasonable efforts to make farmOTT available with a Monthly Uptime Percentage of at least 99.9% during any monthly billing cycle (the "Service Commitment"). In the event that farmOTT does not meet the Service Commitment, you will be eligible to receive Service Credit as described below.
The service availability would be monitored internally. The unavailability of farmOTT.com will be calculated from the time that such unavailability is reported by you to Ittiam at support.farmOTT@Ittiam.com. We reserve the right to make reasonable changes to this measurement procedure.
Service Credits Policy
If farmOTT fails to meet the Service Availability SLA during any one calendar month period, then you will be eligible for a service credit (the "Service Credit(s)") in the amount of ten percent (10%) of the monthly fee for the affected service. For every additional one (1) percent of the calendar month that Service Availability is unavailable, you will be eligible for an additional Service Credit in the amount of ten percent (10%) of the monthly service fee for the affected service, up to 100% of the monthly service fee.
Credit Request and Payment Procedures
To receive a credit for a farmOTT service, you must make a request therefore by sending an e-mail message to support.farmOTT@Ittiam.com. The e-mail message MUST include the farmOTT Publisher email address of your account in the "Subject" line. Each request in connection with this SLA must include the dates and times of the unavailability of our Web site and must be received by farmOTT within two (2) business days after the service was not available. If the unavailability is confirmed by farmOTT, credits will be applied in the next billing cycle after farmOTT 's receipt of the your credit request. Credits are not refundable therefore cannot be encashed and can be used only towards future billing charges. Notwithstanding anything to the contrary herein, the total amount credited to you in a particular month under this SLA shall not exceed the total encoding fees paid by you for such month for the affected Services. Credits are exclusive of any applicable taxes charged to you or collected by farmOTT and are your sole and exclusive remedy with respect to any failure or deficiency in the farmOTT service availability.
You shall not receive any credits under this SLA in connection with any failure or deficiency of farmOTT's Availability caused by or associated with:
- circumstances beyond Ittiam’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services like Amazon services, payment gateway services, Rackspace, Microsoft Azure, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
- failure of access circuits to the farmOTT 's network, unless such failure is caused solely by farmOTT;
- Scheduled maintenance and emergency maintenance and upgrades; we will intimate you of such an event two days in advance to enable you to plan your usage accordingly.
- DNS issues outside the direct control of Ittiam.
- issues with FTP, POP.
- false SLA breaches reported as a result of outages or errors of any FarmOTT measurement system;
- e-mail or webmail delivery and transmission;
- DNS (Domain Name Server) Propagation. Outages elsewhere on the Internet that hinder access to your account. farmOTTis not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. FarmOTT will guarantee only those areas considered under the control of farmOTT.com: farmOTT server links to the Internet, farmOTT’s routers, and farmOTT’s servers.
If availability is impacted by factors other than those used in our calculation of the service credit, we may issue Service Credit considering such factors under our sole discretion.