Service Level Agreement

The Services shall be available 99.9%, measured monthly, excluding holidays and weekends and scheduled maintenance.  If Client requests maintenance during these hours, any uptime or downtime calculation will exclude periods affected by such maintenance. Further, any downtime resulting from outages of third party connections or utilities or other reasons beyond Haystack’s control will also be excluded from any such calculation. For each period of downtime lasting longer than one hour, Haystack will credit Client 5% of License fees for each period of 30 or more consecutive minutes of downtime; provided that no more than one such credit will accrue per day.  Downtime shall begin to accrue as soon as Client (with notice to Haystack) recognizes that downtime is taking place, and continues until the availability of the Services is restored.  

In order to receive downtime credit, Client must notify Haystack in writing within 24 hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit.  Such credits may not be redeemed for cash and shall not be cumulative beyond a total of credits for one (1) week of Service Fees in any one (1) calendar month in any event.  Haystack will only apply a credit to the month in which the incident occurred.  Haystack’s blocking of data communications or other Service in accordance with its policies shall not be deemed to be a failure of Haystack to provide adequate service levels under this Agreement.

Haystack will provide Technical Support to Client via both telephone and electronic mail on weekdays during the hours of 6:00 am through 5:00 pm Pacific time, with the exclusion of Federal Holidays (“Support Hours”).

Client may initiate a helpdesk ticket during Support Hours by emailing support@haystackteam.com. Haystack will use commercially reasonable efforts to respond to all Helpdesk tickets within one (1) business day.