During the Term of the applicable GoldFynch Agreement (the “Agreement”), the GoldFynch web interface will be operational and available to Customers at least 99% of the time in any calendar month (the “GoldFynch SLA“). If GoldFynch does not meet the GoldFynch SLA, and if Customer meets its obligations under this GoldFynch SLA, Customer will be eligible to receive the Service Credits described below. This GoldFynch SLA states Customer’s sole and exclusive remedy for any failure by GoldFynch to meet the GoldFynch SLA.
The following definitions shall apply to the GoldFynch SLA.:
Monthly Uptime Percentage value based on the paid subscription value of the Service added to the end of the Service term, at no charge to Customer
< 99% – ≥ 97.5% 2
< 97.5% – ≥ 95% 5
< 95.0% 10
In order to receive any of the Service Credits described above, Customer must notify GoldFynch within thirty days from the time Customer becomes eligible to receive a Service Credit. Failure to comply with this requirement will forfeit Customer’s right to receive a Service Credit.
The aggregate maximum number of Service Credits to be issued by GoldFynch to Customer for all Downtime that occurs in a single calendar month shall not exceed ten percent of Service subscription fee added to the Customer’s account as a credit term. Service Credits may not be exchanged for, or converted to, monetary amounts.
Errors Requests that result from Scheduled Maintenance do not count against the SLA. There will be no more than 10 hours of aggregate Scheduled Maintenance per monthly billing cycle.
The GoldFynch SLA does not apply to any services that expressly exclude this GoldFynch SLA (as stated in the documentation for such services) or any performance issues: (i) caused by factors described in the “Limitation of Liability” section of the GoldFynch Terms of Service Agreement; (ii) that resulted form Customer or third party software or hardware, or as a result of action or inaction on behalf of the Customer or third party; (iii) that resulted from Customer’s web browser performance; (iv) that resulted from Rackspace and Linode service disruptions outside the control of GoldFynch; (v) Problems outside of GoldFynch’s reasonable control.
GoldFynch agrees to provide services to the Customer, subject to the following Acceptable Use Policy (AUP) and Terms of Service (TOS).
By using the System, Customer accepts and agrees to the Acceptable Use Policy and Terms Of Service.
“User” means any individual who uses the service on Customer’s behalf or through Customer’s account or passwords, whether authorized or not.
This Acceptable Use Policy exists to give Customer a clear understanding of what GoldFynch expects of them while they use the service. The Acceptable Use Policy and Terms of Service are applicable to both Customers and Users who have unpaid accounts, as well as those who pay a Subscription Fee to subscribe to the services.
In instances of a User’s inappropriate behavior GoldFynch prefers to issue a warning, and take corrective action as needed, however, GoldFynch holds the right to immediately terminate access to services without warning. GoldFynch refraining from taking action regarding a breach in this Agreement should not be considered a waiver for further breaches in the same or any other form.
Using GoldFynch’s services for the following constitute violations of GoldFynch’s AUP:
GoldFynch has no obligation to monitor User activity for breaches of the AUP, however, it maintains the right to suspend Customer’s access to the service if it is deemed they violated the terms of the AUP. Such deactivation of the account may continue till an investigation is complete. Prior notification to the Customer is not guaranteed. In the case of an extreme violation, law enforcement may be contacted regarding the activity. A Customer will not be credited for any time their account was deactivated in such a fashion.
Actions GoldFynch may take in response to breaches of the Acceptable Use Policy or Terms of Service include but are not limited to:
All provisions of this contract are subject to GoldFynch’s Terms Of Service and Acceptable Use Policy. The AUP may be changed from time to time at GoldFynch’s discretion. Notice of any revision, amendment, or modification will be posted in accordance with the Terms Of Service. Customer understands that a change to the Acceptable Use Policy by GoldFynch shall not be grounds for early contract termination or non-payment.
All Customers and Users must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate cancellation.
If you have any questions regarding this policy, please contact us at firstname.lastname@example.org