This Zip-Codes.com API Service Level Agreement ("SLA") governs the use of the Zip-Codes.com API under the terms of the Zip-Codes.com API Terms of Service (the "API TOS") between Zip-Codes.com (a service of Datasheer, LLC) ("Zip-Codes.com", "us" or "we") and users of the Zip-Codes.com API ("you" or "Customer"). This SLA applies separately to each account using the Zip-Codes.com API. Unless otherwise provided herein, this SLA is subject to the terms of the API TOS and capitalized terms will have the meaning specified in the API TOS. Zip-Codes.com reserves the right to change the terms of this SLA in accordance with the API TOS.
Zip-Codes.com will use commercially reasonable efforts to make the Zip-Codes.com API available 99.9% of the time. In the event Zip-Codes.com does not meet the goal of 99.9% API availability in a given calendar month ("Monthly Uptime Percentage"), you will be eligible to receive a Service Credit as described below.
The following capitalized terms shall be given the meaning set forth below:
2.1 "Unavailable Time" means the Zip-Codes.com API is not available for use according to third party performance and monitoring services contracted by Zip-Codes.com at its sole discretion (the "Monitoring Service"). The Monitoring Service reports of availability are available at https://api.zip-codes.com/; provided that service issues or outages relating to any Exclusions (defined below) shall not be deemed as Unavailable Time.
2.2 "Monthly Uptime Percentage" is calculated by subtracting from 100% the percentage of continuous 5 minute periods during the Service Month in which the Zip-Codes.com API was in a state of "Unavailable Time" as identified by a Monitoring Service.
2.3 "Service Credit" is a dollar credit, calculated as set forth below, that Zip-Codes.com may credit back to an eligible Customer account.
For a calendar month where the Monthly Uptime Percentage falls below the service commitment, as identified by Monitoring Service, Zip-Codes.com, at its sole discretion after confirming the nature and accuracy of the Unavailable Time, will credit Customer's account a percentage of that month's API service fees, as defined by this table:
| Monthly Uptime Percentage | Service Credit |
|---|---|
| 100% - 99.9% | 0% |
| Less than 99.9% | 10% |
To receive a Service Credit, the Customer must submit an email to info@zip-codes.com within 30 days of the end of the month in which the Unavailable Time occurred. The email must include:
Credit Processing: Service Credits will be processed within 15 business days of claim approval.
Credit Application: Approved Service Credits will automatically be applied to your next invoice. If your account does not support credit invoicing, the Service Credit will be issued as a partial refund. Service Credits expire 90 days after issuance if unused.
Credit Limitations: No cash value will be provided for Service Credits and they cannot be exchanged for, or converted to, monetary compensation except as provided above for partial refunds. Service Credits may not be transferred or applied to any other account. The maximum Service Credit that we will issue for downtime in a month is 10% of the API service fees you owe us for that month.
Subscription Termination: Unused Service Credits expire immediately upon termination of your subscription and cannot be carried forward or refunded after subscription ends.
Notwithstanding anything to the contrary, no Unavailable Time shall be deemed to have occurred with respect to any unavailability, suspension or termination of the Zip-Codes.com API, or any other Zip-Codes.com API performance issues, that:
(collectively, the "Exclusions").
Service Credits shall be your sole and exclusive remedy for any unavailability or non-performance of the Zip-Codes.com API Services or other failure by us to provide the Zip-Codes.com Services. Service Credits are limited to the amounts specified in Section 2.3 and may not exceed the monthly fees paid for the API service in the month during which the Unavailable Time occurred.