Mosh JD provides 99.9% uptime commitment for the Core Service as well as some priority support features to its customers, who (i) are not utilizing a free trial and (ii) current on their payment obligations, as further indicated in this Service Level Agreement (“Service Level Agreement” or “SLA”).
All capitalized terms not otherwise defined in this SLA are as set forth in Mosh JD’s Terms of Service or such other agreement executed between the Parties, as the case may be (each shall be referred to herein as the “Agreement”).
2.1. All Mosh JD support channels are available 24 hours per day, 7 days a week, 365 days a year.
2.2. Email support – Mosh JD support team can be contacted through the contact form available at Mosh JD website or via the support email: info@MoshJD.com. Please make sure to contact us via your email registered with your Enterprise Account.
2.3. Self-service knowledge base – tutorials, guides and articles on anything you need to know about the Service.
3.1. Errors should be reported by Customer to Mosh JD through any of the support channels listed above. An “Error” means any incorrect functioning of the Service that is reproducible, and which results in the failure of the Service to operate in full compliance with the functionalities set forth in the documentation. Mosh JD shall define the severity classification of the reported Error and shall respond to the Error according to the response time set forth in the table below:
3.2. “Response Time” means the period between the time when the Error was reported in full, and the time when an initial acknowledgement was sent to the Customer via email by any of Mosh JD’s personnel.
3.3. For Critical Errors Mosh JD personnel shall work on a resolution 24/7 until such Error is resolved, and Mosh JD shall send Customer a status report by email and/or by any other method designated for such purpose, every thirty (60) minutes.
3.4. Mosh JD must be able to reproduce the reported Error in order to attempt to resolve it. Customer shall cooperate and work closely with Mosh JD personnel to reproduce the Error, including conducting diagnostic or troubleshooting activities as requested and appropriate. Also, subject to Customer’s approval on a case-by-case basis, Users may be asked to approve access to their user accounts for troubleshooting purposes for the Mosh JD personnel.
4.1. The Core Service shall be available no less than 99.9% of the time, twenty-four (24) hours per day, seven (7) days per week (including holidays), measured on a calendar monthly basis, subject to Section 5.2 below.
4.2. “Service Unavailability” is defined as the number of minutes in a given calendar month in which the Core Service was not available to Customer, excluding the exclusions set forth in this Section 5.2, as measured according to Mosh JD’s monitoring service. “Core Service” is defined as the Mosh JD platform, and excluding without limitations: (a) the API; (b) add-ons, apps, widgets and/or Third Party Services integrated or otherwise interfaced with the Core Service, whether developed by Mosh JD or a third party; and (c) any products or features identified as trial, pre-release, pilot, alpha, beta or similar. The following shall not be regarded as a Service Unavailability event:
4.2.1. Force Majeure. Where the Service was unavailable due to an incident which was not within the control of Mosh JD including unavailability caused by acts of God, acts of government, insurrection, war, riot, global health emergency, disease outbreak, explosion, nuclear incident, fire, flood, earthquake, global pandemic, unavailability of telecommunications and internet service due to general unavailability of telecommunication or internet service provider’s systems or other catastrophic event beyond the reasonable control of Mosh JD.
4.2.2. The Service was unavailable due to planned maintenance, provided that Mosh JD provides Customer at least three (3) days’ advance notice (by posting an announcement on the Sites and/or by sending Customer an email) that the Service shall be unavailable due to maintenance and/or upgrading.
4.2.3. The Service was unavailable (a) resulting from Customer’s and/or a third party’s software, network, links, products, services, widgets, apps, integrations, hardware or other equipment; (b) resulting from Customer’s or anyone on its behalf use of the Service in violation or in a manner not authorized in the Agreement; and/or (c) resulting from a Distributed Denial of Service (DDoS) attacks and/or other unlawful activity.
4.2.4. A duration of up to forty five (45) consecutive minutes in which the Service was available in a Read-Only Mode (a Read-Only Mode longer than forty five (45) minutes will be regarded as Service Unavailability). “Read-Only Mode” is defined as a mode in which the Service is displayed but cannot be edited or modified.
5.1. Solely to the extent Customer is not in breach of the Agreement, as a remedy for Service Unavailability as defined above, subject to the terms of this Section 6, Mosh JD shall credit Customer’s Account (or the applicable Reseller in the name of Customer where Customer purchased and paid for the Service through a Reseller) with the applicable credit percentage in accordance with the applicable Monthly Uptime Percentage as set forth in the following table (“Credit”). “Monthly Uptime Percentage” is defined as the number of Service Unavailability minutes out of the total minutes in the relevant calendar month.
5.2. The Credit shall be calculated by multiplying the applicable credit percentage as shown in the table above (“Credit Percentage”) by: (i) the monthly fees payable by Customer to Mosh JD in the month in which the Service Unavailability has occurred (if Customer has a monthly Subscription Plan); or (ii) by 1/12 of the annual fees payable by Customer to Mosh JD (if Customer has an annual Subscription Plan). If Customer purchased and paid for the Service through a Reseller, then such monthly fees or annual fees calculations shall be based on the fees payable by the applicable Reseller to Mosh JD.
5.3. Mosh JD will apply a Credit only against Customer’s future payments obligations otherwise due from Customer under the Agreement (whether for the Subscription Fees or for any Upgrade). Where Customer purchases and pays for the Service through a Reseller, the Reseller shall be solely responsible for issuing the appropriate amounts to Customer against Customer’s future payment obligations. A Credit will not entitle the Customer to any monetary refund by Mosh JD. Credits may not be transferred or applied to any other account or product.
5.4. To receive a Credit, Customer’s Admin shall submit to Mosh JD a detailed Credit request via info@MoshJD.com within ninety (90) days following the Service Unavailability incident (“Timeframe”). Customer’s failure to provide the request within the Timeframe will disqualify Customer from receiving a Credit.
5.5. The aggregated maximum number of Credits to be issued by Mosh JD to Customer in a single calendar month will not exceed 100% of the amount invoiced for the affected Service in that invoice billing period, and the excess amount will be forwarded to the next billing cycles until credited in full or until no further payments are due (in such case, any excess shall be relinquished).
Notwithstanding anything elsewhere to the contrary, the award of Credits in accordance with Section 6 above, and Mosh JD’s actions in accordance with Section 4 above, shall be Customer’s sole and exclusive remedies available for Customer for: (1) any failure by Mosh JD to meet its obligations under this SLA; and (2) any Error in the Service.
Mosh JD may modify this Service Level Agreement at any time, provided that if Mosh JD makes any changes that materially adversely decrease the level of service, then it shall notify Customer by posting an announcement on the Sites, via the Service and/or by sending Customer an email.
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