Service Level Agreement

This PDF Generator API Service Level Agreement (“SLA”) governs the use of the PDF Generator API under the terms of the PDF Generator API Terms of Service (the “TOS”) between Actual Reports OÜ (“Actual Reports”, “us” or “we”) and users of the PDF Generator API (“you” or “Customer”). This SLA applies separately to each account using the PDF Generator API. Unless otherwise provided herein, this SLA is subject to the terms of the TOS and capitalized terms will have the meaning specified in the TOS. PDF Generator API reserves the right to change the terms of this SLA in accordance with the TOS.

The following capitalized terms shall be given the meaning set forth below:

2.1 “Unavailable Time” means the PDF Generator API is not available for use according to third-party performance and monitoring services contracted by Actual Reports at its sole discretion (the “Monitoring Service”). The Monitoring Service reports of availability are currently available at Uptime Monitoring Page; 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 PDF Generator API 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 Actual Reports 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.

When the client raises a support issue with Actual Reports, 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 Actual Reports 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:

Actual Reports will always endeavour to resolve problems as swiftly as possible. It recognises that the client’s computer systems are key to its business and that any downtime can cost money.

However, Actual Reports is unable to provide guaranteed resolution times. This is because the nature and causes of problems can vary enormously. In all cases, Actual Reports 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.

Notwithstanding anything to the contrary, no Unavailable Time shall be deemed to have occurred with respect to any unavailability, suspension or termination of the PDF Generator API, or any other PDF Generator API performance issues, that (i) are caused by factors outside of Actual Reports 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 Actual Reports or its direct hosting subcontractors (i.e beyond the point in the network where Actual Reports maintains access and control over the Actual Reports Services); (ii) result from any actions or inactions of Customer or any third-party (other than Actual Reports 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 Actual Reports direct control); or (iv) arise from Actual Reports suspension and termination of Customer’s right to use the PDF Generator API Services in accordance with the TOS, (v) scheduled maintenance; or (vi) problems or issues related to alpha, beta or not otherwise generally available PDF Generator API features (collectively, the “Exclusions”).