This ASISTA Service Level Agreement (this "SLA") is a policy governing the use of the Included Services (listed below) and applies separately to each account using the Included Services. In the event of a conflict between the terms of this SLA and the terms of the "Terms of Service" or other agreement with us governing your use of our Services (the "Agreement"), the terms and conditions of this SLA apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.
1. Included Services
1.1 ASISTA Customer Support Service.
2. General Service Commitment
2.1 ASISTA will use commercially reasonable efforts to make the Included Services each available with a Monthly Uptime Percentage of at least 99.5%, in each case during any monthly billing cycle (the "Service Commitment"). In the event any of the Included Services do not meet the Service Commitment, you will be eligible to receive a Service Credit as described below. This service outage is not calculated on a) Any planned outages b) National and Global internet outage.
3. Service Credits
3.1 Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments such as upfront payments made implementation, customisation etc ) for the individual Included Service in the affected region for the monthly billing cycle in which the Unavailability occurred in accordance with the schedule below.
Monthly Uptime Percentage
Service Credit Percentage
Less than 99.5% but equal to or greater than 99.0%
Less than 99.0% but equal to or greater than 95.0%
Less than 95.0%
3.2 We will apply any Service Credits only against future payments for the applicable Included Service otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used (in case applicable) to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment from ASISTA. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than INR 100 or one dollar ($1 USD). Service Credits may not be transferred or applied to any other account.