Last updated: Apr 6th, 2020
This SLA applies separately to each account using the Thanga Services. Unless otherwise provided herein, this SLA is subject to the terms of the ToU and capitalized terms will have the meaning specified in the ToU. Thanga reserves the right to change the terms of this SLA in accordance with the ToU.
Thanga will use commercially reasonable efforts to make the Thanga Services available 99.95% of the time. In the event that Thanga fails to meet the 99.95% Services availability in a given calendar month (“Monthly Uptime Percentage”), you will be eligible to receive a Service Credit as described below.
2.1 "Thanga Services" is the combination of all single products and services (as defined below) that Thanga possibly offers to the Customer.
2.2 "Unavailable Time" means one or more of the Thanga Services are not available for use according to third party performance and monitoring services contracted by Thanga at its sole discretion (the "Monitoring Service"). The Monitoring Service reports of availabilty will be available at status.thanga.co.za; provided that service issues or outages relating to any Exclusions (defined below) shall not be deemed as Unavailable Time. Unavailable Time is calculated per Single Service as defined in 2.1 and not a combined total or average.
2.3 "Monthly Uptime Percentage" is calculated by subtracting from 100% the percentage of continuous 5 minute periods during the Service Month in which a Thanga Single Service was in a state of "Unavailable Time" as identified by Monitoring Service.
2.4 "Service Credit" is a credit that Thanga, at its sole discretion and after confirming the nature and accuracy of the Unavailable Time, may credit back to an eligible Customer account, calculated as set forth below:
To apply for a Service Credit, the Customer must submit a request at [email protected] within 30 days of the month in which the Unavailable Time occured. The request must include:
Service credits will be applied within 60 days after Service Credit was requested.
Notwithstanding anything to the contrary, no Unavailable Time shall be deemed to have occurred with respect to any unavailability, suspension or termination of the Thanga Services, or any other Thanga Services performance issues, that:
4.1 are caused by factors outside of Thanga’s reasonable control, including, without limitation, any Force Majeure event, carrier related problems or issues, or Internet access or related problems beyond the demarcation point of Thanga or its direct hosting subcontractors (i.e beyond the point in the network where Thanga maintains access and control over the Thanga Services);
4.2 result from any actions or inactions of Customer or any third party (other than Thanga's direct hosting subcontractor);
4.3 result from Applications, equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within Thanga's direct control); or
4.4 arise from Thanga's suspension and termination of Customer’s right to use the Thanga Services in accordance with the ToU,
Service Credits shall be your sole and exclusive remed for any unavailability or non-performance of the Thanga Services or other failure by us to provide the Thanga Services.