Service Level Agreement

This Service Level Agreement (“SLA”) will be considered part of your Agreement with PrestoSports, LLC (together with our subsidiaries, successors and assigns, “Presto,” “we,” “us” or “our”). Terms not defined below will have the meanings as set forth in Section 1 the Terms of Service.

1. OBJECTIVE. We will use commercially reasonable efforts to make the Site and Services available to you with a Monthly Uptime Percentage of at least 99.50% during a calendar month (“Uptime Commitment”). Subject to the SLA Exclusions listed below, if we fail to meet the Uptime Commitment, then you will be eligible to receive a Service Credit.

2. DEFINITIONS.
“Maintenance” means scheduled Unavailability of the Site or Services as announced by us prior to the Site or Services becoming Unavailable.
“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the Site or Services are Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA Exclusions.
“Service Credit” means a credit denominated in U.S. dollars, calculated as set forth herein, that we may credit to your account.
“Unavailable” or “Unavailability” means, with respect to your access to the Site or use of the Services: (a) the Site is experiencing a complete outage and is offline; (b) one or more of the Services is/are experiencing a complete outage and is/are offline; or (c) the Site or a Service considered critical to the proper operation of your business is so severely degraded as to render the Site or Service functionally inoperable.

3. SERVICE COMMITMENT & SERVICE CREDIT. Service Credits are calculated as a percentage of your total Fees for Services prorated for a calendar month (a “Month”) in which the Unavailability occurred, applied proportionally to the Services that were Unavailable, in accordance with the schedule below:

Monthly Uptime Percentage Unavailability
(Calculated per calendar month)		 Service Credit Percentage
(Calculated per calendar month)
99.50% or greater Less than 3h 36m None
Less than 99.50% but equal to or greater than 99.0% 3h 36m – 7h 12m 10%
Less than 98.99% but equal to or greater than 98.0% 7h 13m – 14h 24m 30%
Less than 97.99% but equal to or greater than 96.0% 14h 25m – 1d 4h 48m 50%
Less than 95.99% More than 1d 4h 49m 75%

We will apply any Service Credits against future Fees due from you. Normally, this means applying Service Credits to your next month of Services. Service Credits are not refunds and cannot be exchanged into a cash amount or transferred to a third party. Service Credits will be capped at a maximum of 30 days of Fees for
Services. You will forfeit any right to Service Credits if you have an outstanding balance on your account at the time Service Credits are due to be issued. Service Credits will expire automatically upon termination of the Agreement for any reason.

4. SERVICE CREDIT REQUEST & PAYOUT PROCEDURES. To receive a Service Credit, you must submit a claim through the Customer Contact form. To be eligible, the request must be received by us within 15 days following the end of the month in which we failed to meet our Uptime Commitment. In making your credit request, please include the following information:

  • The words “SLA Credit Request” in the subject field;
  • The dates and times of each Unavailability incident that you are claiming;
  • Your business address where Services are provided; and
  • Any supporting evidence that we might use to verify your claim.

If we validate the Monthly Uptime Percentage in your request and determine that it is less than the Uptime Commitment specified above, then we will issue the Service Credit to your account and apply it to your next billing cycle for Services.
You will be disqualified from receiving a Service Credit if you fail to submit your request through the process described above within the permitted period.

5. SLA EXCLUSIONS. Our Uptime Commitment does not apply to any Unavailability:

  • That results from your violation of the Agreement;
  • Caused by factors outside of our reasonable control, including any Force Majeure Event, internet access or connectivity issues at your business location, or problems beyond the demarcation point of the Presto networks;
  • That results from Third Party Services, or the negligent acts or omissions by you or a third party;
  • That result from your own equipment, software or other technology, or the equipment, software or technology of a third party (other than third party equipment within our direct control);
  • That results from Maintenance;
  • That results from your use of any product or feature identified by us as a Beta Service;
  • That results from your use of a legacy version of the Site or Services that are no longer under active development or maintenance; or
  • That result from outages due to downtime caused by a third-party hosting services provider, which are outside of our control.