The Service Availability SLA described herein apply and are available to Customers with an active paid subscription to Twisted Light (developed and managed by ZonkeTech (Pty) Ltd), and whose account is current (i.e. not past due), including, with respect to timely payment of fees therefor. The Twisted Light Services are delivered pursuant to the Twisted Light Terms of Service which is available at:
1. Service Availability
a. Coverage and Definitions
“Service Availability” is defined as the percentage of a particular Service Month that Twisted Light was available for access. This is based on 24-hour days for the number of days in the subject month. Service Month days before or after subscription start or end dates are considered to be at 100% Service Availability.
“Service Month” is defined as the calendar month during which a subscription is active.
“Unavailability” means that your scheduled solutions fail to run due to an issue with the Twisted Light Service or you are unable to run “On Demand” due to an issue with the Twisted Light Service.
“Scheduled Maintenance” does not factor into Service Availability. To ensure the Platform uptime and keep Twisted Light operating optimally, it is necessary to perform regular, routine maintenance that, on occasion, may affect Platform availability. Scheduled Maintenance generally occurs on an 8-week cadence on Saturday evenings from 15:00 – 24:00 GMT+2. All efforts are put in place to isolate this Scheduled Maintenance from impacting the Twisted Light services where scheduled replication, synchronizations, or integrations are impacted. There is a one-week notification of Scheduled Maintenance via email.
Twisted Light reserves the right to schedule additional Scheduled Maintenance on an emergency basis with at least twelve (12) hours’ notice, for no more than three (3) hours at a time. These notices will be emailed to the client prior to maintenance.
b. Service Level
Twisted Light maintains at least 99.8% Service Availability.
Subject to 1c and 1d, if in any month the Service Availability is less than 99.8%, Twisted Light shall provide, as the sole and exclusive remedy, a 10% credit to Customer, with the credit being calculated on the basis of the monthly service charge for the affected service.
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Service Availability caused by or associated with:
circumstances beyond Twisted Lights’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, outages related to the hosting environment, any force major event, internet access or related problems beyond the demarcation point of Twisted Light;
scheduled maintenance and emergency maintenance;
any DNS or Domain Registry issues outside the direct control of Twisted Light including DNS and Registry propagation issues and expiration;
Customer’s acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, any negligence, willful misconduct, or use of the customer’s account in breach of Twisted Lights Terms of Service;
outages elsewhere on the Internet that hinder access to your account. Twisted Light is not responsible for browser, DNS, or other caching that may make your account appear inaccessible when others can still access it.
d. Electronic Signature
Under South African law, a written signature is not necessarily required for a valid contract - contracts are generally valid if legally competent parties reach an agreement, whether they agree verbally, electronically or in a physical paper document. Section 13(2) of The Electronic Communications and Transactions Act (ECTA) specifically confirms that contracts cannot be denied enforceability merely because they are concluded electronically or through data messages. To prove a valid contract, parties sometimes have to present evidence in court. Leading digital transaction management solutions can provide electronic records that are admissible in evidence under section 15 of ECTA, to support the existence, authenticity and valid acceptance of a contract.
End-User support for Twisted Light is provided free of charge for all break-fix related incidents. Support is available via email email@example.com, via phone (+27 31 566 2135). Technical Support is offered Monday – Friday, 08:00 – 16:00 GMT+2, excluding public holidays
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