Service Level Agreement – Essentials, Elevate, & Elite
This Service Level Agreement (the “SLA”) governs the Essentials, Elevate, or Elite Edition of the Talkdesk Service under the Master Subscription Agreement between Talkdesk and Customer (the “Agreement”).
The parties agree as follows:
1.Effectiveness.
1(a). In the event of a conflict between the terms of this SLA and the terms of the Agreement, the terms of this SLA shall govern.
1(b). This SLA is effective during the Service Term (as defined in the Agreement).
1(c). This SLA is contingent upon Customer configuring and using the Talkdesk Service pursuant to the configuration recommendations listed at: www.talkdesk.com/customer-community/, including but not limited to the recommended business continuity configurations described at that location.
2. Minimum Service Level Commitment.
Talkdesk shall use commercially reasonable efforts so that the Talkdesk Service is available at all times during a calendar month (the “Minimum Service Level Commitment”).
3. Availability.
3(a). The Talkdesk Service is considered “available” if: (1) customers in a particular data center using the Talkdesk Service are able to make, receive, and forward voice calls and (2) call quality is sufficient to allow participants in calls to hear and understand each other.
3(b).Talkdesk calculates available time on a monthly basis as follows:
4. Service Credit.
4(a). To be eligible for a service credit as set forth in the table below (a “Service Credit”): (i) the Talkdesk Service unavailability time must be continuous; (ii) Customer must be current in all payment obligations to Talkdesk; and (iii) Customer must request a service credit no later than 7 days after the end of the month during which the Talkdesk Service was not available, include in its request a detailed description of the time and circumstances during which the Talkdesk Service was not available, and send the request to Talkdesk at https://support.talkdesk.com/hc/en-us/requests/new/ (the “Service Credit Request”).
Talkdesk Essentials, Elevate, and Elite Editions.
| Percentage of Time Talkdesk Service Is Available | Service Credit |
|---|---|
99.99% to 100% | None |
99.0% to < 99.99% | 10% of monthly License Fees for the Talkdesk Service |
97% to < 99.0% | 30% of monthly License Fees for the Talkdesk Service |
< 97% | 100% of monthly License Fees for the Talkdesk Service |
4(b). Talkdesk shall promptly review Customer’s Service Credit Request. Provided that Customer is current in all of its payment obligations to Talkdesk, Talkdesk shall apply any Service Credit to Customer’s account against fees to be paid by Customer.
4(c). The Service Credits described above are Customer’s sole and exclusive remedy, and Talkdesk’s only liability, for Talkdesk’s failure to maintain the Minimum Service Level Commitment.
5. Unavailability Exclusions.
The following circumstances will be excluded when calculating the available minutes for the Talkdesk Service:
i. any time period during which the Talkdesk Service is unavailable because of (a) disruptions in the Customer’s internal network or any internet connectivity; (b) faults within third-party services or software, telecom providers, or other systems that are not operated or controlled by Talkdesk; (c) acts or omissions of the Customer; (d) general internet outages affecting multiple third-parties; (e) network or services availability issues related to denial of service attacks and other flooding techniques; or (f) events outside of Talkdesk’s reasonable control including force majeure events; and
ii. any Scheduled Maintenance (as defined below).
6. Scheduled Maintenance.
“Scheduled Maintenance” means any time period during which Talkdesk has scheduled service maintenance, upgrades, and testing of failover capabilities. Except with respect to Scheduled Maintenance for which it is not commercially reasonable for Talkdesk to provide advanced notice, Talkdesk shall provide a minimum of 5 days advance notice of any Scheduled Maintenance and shall use commercially reasonable efforts to conduct Scheduled Maintenance between 8:00 am and 11:00 am UTC on low volume days of the week.
This SLA applies to purchases of the Talkdesk Services for which the Agreement expressly incorporates this SLA by reference. Talkdesk reserves the right to make reasonable changes to this SLA so long as such changes do not materially degrade the SLA.
This online Service Level Agreement applies to all purchases made before November 8, 2024, unless otherwise provided in the applicable Order Form
Last Updated: November 08, 2024