MyGov Service Level Agreement
This MyGov Service Level Agreement (“SLA”) is a policy governing the use of the “MyGov Services”, as defined in and subject to the MyGov Terms of Service. This agreement is between MYGOV.US and paying Customers of MyGov Services. MyGov reserves the right to change the terms of this SLA in accordance with the Terms of Service.
Service Commitment
MyGov will use commercially reasonable efforts to make MyGov Services available with a Monthly Uptime Percentage of 99.8% for a calendar month. In the event MyGov does not meet this commitment, paying Customers will be eligible to receive a Service Credit as described below.
Definitions
- “Downtime” means that all of the Customers running instances have no external connectivity during a ten consecutive minute period and said Customer is unable to launch replacement instances. Downtime is measured based on the server side error rate and applies only to connectivity and not issues related to functionality or behaviors.
- “Downtown Period” means, for a MyGov Service, a period of ten consecutive minutes of Downtime. Intermittent downtime for a period of less than ten minutes will not be counted towards any Downtime Periods.
- “Monthly Uptime Percentage” means total number of minutes in a calendar month minus the number of minutes of Downtime suffered from all Downtime Periods in a calendar month, divided by the total number of minutes in a calendar month. Uptime is monitored by an independent service and daily performance and uptime stats are available to the Customer upon login into MyGov.
- “Scheduled Downtime” means those times where MyGov purposefully makes MyGov Services unavailable in order to conduct scheduled maintenance or improvements. MyGov makes all reasonable efforts to conduct scheduled maintenance during off-peak hours and to notify Customers three days in advance. Scheduled Downtime is not considered Downtime for purposes of this SLA and will not be counted towards any Downtime Periods.
Service Credits
If the Monthly Uptime Percentage for a paying Customer drops below the 99.8% for the Calendar Month, that Customer is eligible to receive a Service Credit equal to 10% of their subscription rate for said Calendar Month. Service Credits are only applied as a monetary credit to future invoices and are never a separate payment. This is the clientʼs sole and exclusive remedy for any failure of the MyGov Services.
Credit Requests
In order to receive any of the Service Credits described above, Customer must notify MyGov within thirty days from the time Customer becomes eligible to receive a Service Credit. Failure to comply with this requirement will forfeit Customerʼs right to receive a Service Credit.
Exclusions
The MyGov SLA does not apply to third party providers, such as Google Maps, Inspections IVR and Online Payments, nor does it apply to any performance issues: (i) caused by factors outside of MyGovʼs reasonable control, or (ii) that result from Customerʼs equipment or third party equipment or both (not within the primary control of MyGov).