Service Level Agreement
Last modified: July 12, 2023.
If we do not achieve and maintain the Monthly Uptime Percentages outlined in the table below, then you may be eligible for a Service Credit.
| Availability | Service Credits |
|---|---|
< 98% - 99,5% | 5% |
< 90% - 98% | 10% |
< 70% - 90% | 50% |
70% or Less | 100% |
Definitions
As used herein, "month" refers to a calendar month.
"Applicable Monthly Service Fees" means the total fees paid by you for a given Syntphony Conversational AI subscription during the month in which Downtime occurred.
"Downtime": A minute is considered unavailable if all of your continuous attempts to establish a connection to the Syntphony Conversational AI customer environment within the minute fail. Downtime does not include scheduled downtime for maintenance and upgrades.
"Downtime Period" means a period of one or more consecutive minutes of Downtime. Partial minutes or intermittent Downtime for a period of less than one minute will not count towards any Downtime Periods.
"Monthly Uptime Percentage", is the total number of minutes in a month, minus the number of minutes of Downtime suffered from all Downtime Periods in a month, divided by the total number of minutes in a month.
"Service Credit" is the percentage of the Applicable Monthly Service Fees to be credited to you if NTT Data Syntphony Conversational AI approves your claim, as outlined in the table above.
"Customer environment", is a single Syntphony Conversational AI logical environment provided to a customer.
Customer Obligations
To be eligible for a Service Credit:
You must have contracted a level of support eligible for Service Credits that PREMIER, GOLD and PLATINUM.
You must log a support ticket with our Support Team within 24 hours of first becoming aware of an event that impacts service availability.
You must submit your claim and all required information by the end of the month immediately following the month in which the Downtime occurred.
You must include all information necessary for to our Support Team to validate your claim, including: (i) a detailed description of the events resulting in Downtime, including your request logs that document the errors and corroborate your claimed outage (with any confidential or sensitive information in the logs removed or replaced with asterisks); (ii) information regarding the time and duration of the Downtime; (iii) the number and location(s) of affected users (if applicable); and (iv) descriptions of your attempts to resolve the Downtime at the time of occurrence.
You must reasonably assist the Support Team in investigating the cause of the Downtime and processing your claim.
You must be up-to-date with all payments and with all contractual documentation up to date and signed.
Service Credits
We will process claims within 45 days of receipt. If we determine that you have satisfied the customer obligations above and that none of the below limitations applies to your claim, we will grant you a Service Credit.
We will apply any Service Credit to a future invoice or payment for the Syntphony Conversational AI customer environment that experienced the Downtime. Service Credits will not be applied to fees for any other environments.
Service Credits are your exclusive remedy under this SLA.
Maximum Financial Credit
The aggregate maximum number of Service Credits to be issued by NTT Data to the Customer, for any and all downtime periods that occur in a single billing month, will not exceed the amount due by the Customer for the Syntphony Conversational AI environment service.
Other contracted services will not be affected by the service credit.
Exclusions
Downtime does not include, and you will not be eligible for a Service Credit for, any performance or availability issue that results from:
Factors outside our reasonable control, such as natural disaster, war, acts of terrorism, riots, government action, or a network or device failure at your site or between your site and NTT Data customer environment.
Services, hardware, or software provided by a third party, such as cloud platform services on which the customer environment runs.
You or any third party’s (a) improper use, scaling, or configuration of Syntphony Conversational AI, or (b) failure to follow appropriate security practices.
Demo Syntphony Conversational AI environments or proof of concepts.
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