Yocale Service Commitment

Service Commitment

Yocale will use commercially reasonable efforts to make the core components of its web-based scheduling & business management offering (the "Offering") available 24 hours a day, 7 days a week, with minimal downtime. Yocale does not guarantee 24x7 uptime availability to the Offering. Yocale's Offering will maintain a 99% monthly uptime during any calendar month. User acknowledges that the exclusions set forth below will periodically require the Offering to be unavailable to the User.

Measurement

Monthly Uptime Percentage = (A - B + C) / A

A = Total Monthly Time = total number of minutes in the applicable calendar month

B = Unavailable Monthly Time = number of minutes in the applicable calendar month that Offering was unavailable for use

C = Excluded Monthly Times (defined below in "Exclusions"

Exclusions

The Service Commitment does not include the unavailable Offering in which downtime has occurred due to:

  • External Factors - Circumstances caused outside of Yocale's reasonable control including but not limited to internet access or related problems involving telecommunications provider, or other external forces affecting the reliability of the internet or computer systems or devices by which the User accesses the Offering.

  • User Responsibilities - Results from Users acts or omissions, equipment, software or other technology and/or third party equipment.

  • Schedule Maintenance - Routine scheduled maintenance including upgrading software, install security patches, hot fixes or major application releases. Appropriate notice will be given when possible for application releases. Best efforts will be made to perform scheduled maintenance during periods of lowest anticipated system usage.

  • Emergency Maintenance - Occurs during Yocale's emergency maintenance (maintenance that is necessary for purposes of maintaining the integrity or operation of the Services), regardless of the notice provided by Yocale

  • Minimal Downtime - intermittent periods of unavailability, interruption or downtime that is less than ten (10) minutes of consecutive unavailability.

Failure to Meet Service Commitment

Should Yocale fail to achieve any one or more of the Service Commitment for one (1) month, Yocale shall:

(a) investigate, assemble and preserve pertinent information regarding the root cause(s) of the failure to meet the Service Commitment;

(b) advise of the ongoing status of remedial and corrective efforts undertaken to remedy the failure;

(c) develop and implement a plan within fifteen (15) days (the “Corrective Plan”) to remedy the failure to meet Service Commitment;

(d) minimize the impact of and correct the failure to such extent as required to again maintain the Service Commitment; and

(e) take appropriate preventive measures to prevent the failure from reoccurring.

Support Response Time Commitment

Yocale will use commercially reasonable efforts to respond to requests from User with questions regarding technical, support, account, billing, setup or other Yocale specific questions. Yocale offers telephone, email and instant chat support within the outlined timeframes.

  • Telephone support : 8:30 AM to 5:30 PM PST - Monday – Friday

- Best efforts will be made to answer calls received out of office hours however there will be a backup answer phone messaging service.

  • Email support: Monitored 8:00 AM to 6:00 PM PST Monday – Friday

- Emails received outside of office hours will be collected, however no action can be guaranteed until the next working day.

  • Instant chat support: Active 7:30 AM to 7:00 PM PST Monday - Friday

- Chats received outside of office hours will be collected, however no action can be guaranteed until the next working day.

Once a support request is received and processed, Yocale shall use commercially reasonable efforts to provide a resolution based on Severity Level of the error within the following timeframes

Severity Level

Criteria

Response Time

Critical

Use of Yocale substantially impacted where no workaround exists

1 hour

High

Use of Yocale substantially impacted where a workaround may exist

2 hours

Medium

Yocale use impacted for which a workaround exists

8 hours

Low

Inconveniences/ nuisances that does not affect your Yocale use

24 hours

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