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THIS ADDENDUM A IS ENTERED INTO BETWEEN THE PARTIES TO THE MSA EXECUTED ON THE DATE OF THE LINKING SERVICES ORDER. THIS ADDENDUM A AND THE AGREEMENT ARE INCORPORATED INTO EACH OTHER.
The parties agree that this Addendum C, effective on the Effective Date, may be executed by execution of this or a governing document. The parties further agree that such execution may occur by any means of signature, including via electronic commerce or transmission, including facsimile, email, or acknowledgement through a webpage. To that end, by executing the Services Order, Customer agrees to be bound by the all the terms and conditions of the Agreement, including this Addendum C. Unless otherwise stated herein, this Addendum A, together with the Agreement, collectively govern those certain terms applicable to the Service Level Agreement. The terms of this Addendum C are supplemental to, and are not in lieu of any of the terms of the Agreement. In the event of a conflict between a Schedule, including the MSA, and this Addendum C, the terms this Addendum C shall prevail but only for the express purposes of, and the subject matter of the conflicting provision of this Addendum C. Notwithstanding the foregoing, in the event a provision in the Agreement begins with “without limiting” or “notwithstanding,” such provision of the Agreement shall prevail. All defined terms are set forth in the Glossary, if not otherwise hereunder defined.
SERVICE LEVEL AGREEMENT, GENESYS CLOUD SERVICE
The Service includes such characteristics as 24×7 systems monitoring and administration. The Service will be available 24x7x365 except for downtime in respect of which Customer has received at least 3 days notice and which downtime will not exceed five (5) hours per month (“Scheduled Downtime”). Genesys will use commercially reasonable efforts to (i) provide Scheduled Downtime during off-peak business hours (10pm – 5am eastern); and (ii) avoid Scheduled Downtime, which impacts all Service data centers at the same time. In the unlikely event that the Service is available for less than nine hundred and nine thousandths of one percent (99.999%) of the total applicable time (after exclusion for Scheduled Downtime) (“SAC”) for each month, Customer may request, and Genesys will provide, a credit for such unavailability subject to the following: written notice of such unavailability must be provided by Customer to Genesys within thirty (30) days after the end of the applicable month, which notice contains a description of service incident including the date and approximate beginning and end time of the service incident for Genesys’s verification. Following Genesys’s verification that the service incident had occurred, Customer shall be entitled to recompense in the form of Credit against Minimum Period Fees of 10%, for each one percent (1%) of downtime below the SAC, up to fifty percent (50%) of the reoccurring Minimum Period Fees, for the amount of such downtime experienced during the month.
Genesys, however, will not issue Credits for service incidents caused by: any services, Equipment, networks, or the like over which Genesys has no control, or does not manage, such as Customer-provided voice or data networks including delivery of calls over the internet; Customer’s: software; services; computers; facilities; power failures; or, 3rd party integrations; Customer or users, including modifications made by Customer, User or another third party to the Customer applications, Services, or any features or functionality thereof; actions or inactions required for compliance with Laws or prevention of detrimental impact to Genesys, its other customers or the Service; Internet connectivity or failures, and Force Majeure events. This Service Level Agreement is applicable provided Customer is not in material breach of any of the Agreement, including each of its Schedules. This Service Level Agreement, and corresponding credits, if any, are the sole and exclusive rights and remedies regarding Service service level availability.