- BLINK SERVICE LEVEL AGREEMENT
- Terms used but not defined herein shall have the meaning set out in the Customer’s Blink Order Form or Blink T&Cs. This Service Level Agreement shall only apply where the Customer is on an Enterprise Plan, as indicated on the relevant Order Form or as agreed in writing between the parties.
- 1. Service Level Commitment. Blink will use commercially reasonable efforts to make the Blink Apps and service for the Blink Apps (including as set out in the Service Description) Available at least 99.5% of the time over the course of a month measured from the Commencement Date (each a “Month”), except for Excluded Downtime as provided below. Monthly Availability will be calculated as follows: (Total number of minutes in the Month – Total number of minutes of Downtime in that Month) / (Total number of minutes in the Month – Total number of minutes of Excluded Downtime in that Month) x 100
- 2. Service Credits. If the Monthly Availability for any Month drops below the Service Level Commitment, Customer shall be eligible to request service credits at a rate of 2% of the monthly Subscription Fees for that Month (calculated on a pro rata basis) and this shall be Customer’s exclusive remedy for non-compliance with this Service Level Agreement. For the avoidance of doubt, Customer is only eligible for service credits once for a particular instance of Downtime.
- 3. Downtime. Is, for a Customer, a period of time during which the user interface for one or more of the Blink Apps used by Customer has more than a 5% Authorised User error rate. Downtime is measured based on server side error rate.
- 4. Excluded Downtime. Is all Downtime caused by:
- 4.1 Scheduled Downtime (with at least 7 days prior written notice to the Customer and not to be for more than 4 hours duration and not to be done within Business Hours (as defined below), or mutually agreed upon Downtime to perform routine, non- emergency, or emergency maintenance;
- 4.2 Downtime on non-production systems;
- 4.3 Factors outside of Blink’s reasonable control, including any force majeure event, for example, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems (other than those involving Blink’s workforce), or Internet service provider or power failures or delays;
- 4.4 Failure of Customer’s or any Authorised User’s internet access or related problems;
- 4.5 Customer’s or any Authorised User’s equipment, software, or other technology and/or third-party equipment, software, or other technology (other than third party equipment within Blink’s direct control); and/or
- 4.6 Actions or inactions of Customer, its Authorised Users or any third party.
- 5. Support. Customer or Authorised Users may log questions, issues, or incidents 24/7 using Blink’s online customer support portal. In the event the customer support portal is unavailable, Customer or Authorised User may log a call via email or phone. Response to requests will depend on the assigned Priority as follows:
General query, question or other informational request
18 Hours (Business hours)
An Issue that impairs a feature of Blink for a few users; a reasonable workaround is available
9 Hours (Business hours)
An Issue that impairs substantial features of the Blink Apps for a large group of users; no reasonable workaround is available
2 Hours (Business hours)
An issue that renders the Blink Apps completely inoperative for all or a significant portion of users
15 Minutes (Business hours)
- 6. Service Review. Optional, chargeable addition. Blink will assign a named Customer Success Manager to the account, who will meet with a Customer representative quarterly to review service performance, support cases and work with the Customer representative to ensure a great experience.