Cast Service Level Agreement
This Cast.app Service Level Agreement (“SLA”) governs the use of the Cast.app under the terms of the Cast.app Terms of Service (the “TOS”) between Cast Corporation (“Cast Corporation”, “us” or “we”) and users of the Cast.app (“you” or “Customer”). This SLA applies separately to each account using the Cast.app. Unless otherwise provided herein, this SLA is subject to the terms of the TOS and will have the meaning specified in the TOS. Cast.app reserves the right to change the terms of this SLA in accordance with the TOS.
1. SERVICE COMMITMENT
Cast Corporation will use commercially reasonable efforts to make the Cast.app available 99.9% of the time. In the event Cast Corporation does not meet the goal of 99.9% application availability in a given calendar month (“Monthly Uptime Percentage”), you will be eligible to receive a Service Credit as described below.
2. DEFINITIONS
The following terms shall be given the meaning set forth below:
2.1 “Unavailable Time” means the Cast.app is not available for use according to third-party performance and monitoring services contracted by Cast Corporation at its sole discretion (the “Monitoring Service”) provided that service issues or outages relating to any Exclusions (defined below) shall not be deemed as Unavailable Time.
2.2 “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of continuous 1 minute periods during the Service Month in which the Cast.app was in a state of “Unavailable Time” as identified by Monitoring Service.
2.3 A “Service Credit” is a dollar credit, calculated as set forth below, that Cast Corporation may credit back to an eligible Customer account:
2.4 “Severity level” shown in the tables below are defined as follows
- Fatal: Complete degradation — all users and critical functions affected. Item or service completely unavailable.
- Severe: Significant degradation — a large number of users or critical functions affected.
- Medium: Limited degradation — limited number of users or functions affected. Business processes can continue.
- Minor: Small degradation — few users or one user affected. Business processes can continue.
3. RESPONSE TIMES
When the client raises a support issue with Cast Corporation, we promise to respond in a timely fashion. Response times are measured from the moment the client submits a support request via our online chat system or sends us an email. Response times apply during standard working hours (9am to 6pm Eastern European Time) only, unless the contract between the client and Cast Corporation specifically includes provisions for out of hours support.
Guaranteed response times depend on the priority of the item(s) affected and the severity of the issue. They are shown in this table:
| Â | Fatal | Severe | Medium | Minor |
|---|---|---|---|---|
| Time to Respond | within 2 hours | within 4 hours | within 8 hours | within 1 day |
4. RESOLUTION TIMES
Cast Corporation will always endeavor to resolve problems as swiftly as possible. It recognizes that the client’s computer systems are key to its business and that any downtime can cost money.
However, Cast Corporation is unable to provide guaranteed resolution times. This is because the nature and causes of problems can vary enormously. In all cases, Cast Corporation will make its best efforts to resolve problems as quickly as possible and we will do our best to fix issues within time defined below.
| Â | Fatal | Severe | Medium | Minor |
|---|---|---|---|---|
| Time to Fix | ASAP or up to 1 day | up to 3 days | within 1 wweek | within 2 weeks |
5. EXCLUSIONS
Notwithstanding anything to the contrary, no Unavailable Time shall be deemed to have occurred with respect to any unavailability, suspension or termination of the Cast.app, or any other Cast.app performance issues, that (i) are caused by factors outside of Cast Corporation reasonable control, including, without limitation, any force major event, carrier related problems or issues, or Internet access or related problems beyond the demarcation point of Cast Corporation or its direct hosting subcontractors (i.e beyond the point in the network where Cast Corporation maintains access and control over the Cast Corporation Services); (ii) result from any actions or inactions of Customer or any third-party (other than Cast Corporation direct hosting subcontractor); (iii) result from Applications, equipment, software or other technology and/or third-party equipment, software or other technology (other than third-party equipment within Cast Corporation direct control); or (iv) arise from Cast Corporation suspension and termination of Customer’s right to use the Cast.app Services in accordance with the TOS, (v) scheduled maintenance; or (vi) problems or issues related to alpha, beta or not otherwise generally available Cast.app features (collectively, the “Exclusions”).