Legal

This Service Level Agreement (“SLA”) describes the levels of service that Pusher will provide to customers on custom plans and customers on standard plans who have purchased higher levels of service (“Eligible Customers”).

Availability

Uptime promise // Pusher will use commercially reasonable efforts to make the Pusher Beams platform available with an Annual Uptime Percentage of at least 99.95%.

Downtime // If the customer’s Annual Service Uptime Percentage drops below 99.95% in any year, the customer will be eligible for a Service Credit.

Support

Standard and enhanced support plans are available for Beams customers as detailed here and subject to the customer having purchased the appropriate level of service.

Definitions

In this SLA, the following defined terms will apply

"Annual Service Uptime Percentage" is the percentage of time during which the API is responsive to requests on an annual basis and which will be calculated by Pusher by subtracting from 100% the percentage of 5 minute periods of Downtime during a year.

"API" means the Pusher REST API through which the services are delivered.

“Critical Issues” is any issue that causes Downtime.

"Downtime" means any period of time during which the API is non-responsive to requests, or the notification publishing throughput goes below one hundred thousand (100,000) notifications per minute.

“Non-Critical Issues” are all other issues that are not Critical Issues.

“Normal Business Hours” means the hours of 9am to 5pm UTC.

“Service Credit” means the credit due to a customer for Downtime. In calculating the service credit due, every 30 minutes of Downtime is equal to 5% of the fees payable for the service affected by Downtime, provided that the maximum aggregate service credit that can be applied for any billing period will not exceed 100% of the fees payable during that billing period. Service credits that would be available but for this limitation will not be carried forward to future billing period.

General

This SLA forms part of the contract between Eligible Customers and Pusher and should be read together with the agreement for the provision of services made between the parties (the “Contract”). This SLA will take precedence over the terms of the Contract to the extent of any conflict or ambiguity. This SLA will automatically terminate upon termination or expiry of the Contract, for whatever reason.

The Beams product shall not be deemed unavailable during:

• planned maintenance carried out during a scheduled maintenance window;
• unscheduled maintenance performed outside of Normal Business Hours, provided that Pusher have used reasonable endeavours to give you at least 4 hours’ notice in advance;
• any force majeure event as set out in the Contract;
• any Downtime caused by a third party communications networks or systems failure or interruption; and/or
• any unavailability caused by any act or omission of the Customer and/or any act or omission of any Customer End User.

Any Service Credits due will be shown as a deduction from the amount due from you in the invoice for the billing period to which such Service Credits relate, or in any future invoice issued by us under the Contract, with a clear indication of the billing period to which such Service Credits relate. Any Service Credits due to you for the last month of the Contract shall be refunded by us.

The provision of a Service Credit will be your exclusive remedy for our failure to meet the Annual API Uptime Percentage.

Requests for the SLA or enquires about your eligibility for it should be submitted to your Account Executive.