Service Level Agreement
Last Modified: April, 2025This Email Pulse Service Level Agreement ("SLA") is a policy governing the use of the Service under the terms of the Email Pulse's Terms of Service (the "Email Pulse TOS") between Email Pulse, Inc ("EMAIL PULSE", "us" or "we") and users of EMAIL PULSE's Service ("you" or "Customer").
This SLA applies separately to each account using the Service. Unless otherwise provided herein, this SLA is subject to the terms of the Email Pulse TOS and capitalized terms will have the meaning specified in the Email Pulse TOS. We reserve the right to change the terms of this SLA in accordance with the Email Pulse TOS.
Service Commitment
EMAIL PULSE will use commercially reasonable efforts to make Email Pulse available with an Annual Uptime Percentage of at least 99.5% during the Service Year. If Email Pulse falls below this threshold, customers may receive Service Credits as described below.
Service Commitments and Service Credits
When the Annual Uptime Percentage drops below 99.5% for the Service Year, customers become eligible for a Service Credit equal to 10% of their bill (excluding initial setup payments). Claims can be filed any time the trailing 365-day uptime falls below 99.5%.
Service Credits apply only to future Email Pulse payments. They cannot be refunded, transferred, or applied to other accounts. Your sole remedy for unavailability is either receiving a Service Credit or terminating service.
Credit Request and Payment Procedures
To request a Service Credit, email [email protected] with:
- Dates and times of each unavailability incident
- Logs or screenshots documenting errors (with sensitive data removed)
- Submission within thirty (30) business days of the last incident
Upon confirmation that uptime was below 99.5%, the credit will be issued within one billing cycle following the month of the request.
Email Pulse SLA Exclusions
The Service Commitment does not apply to unavailability caused by:
- Factors outside reasonable control, including force majeure events
- Actions or inactions of customer or third parties
- Customer equipment, software, or technology issues
- Failures of individual instances not attributable to Unavailability
- Suspension or termination under the Email Pulse TOS
If availability is impacted by factors other than those explicitly listed in this agreement, Email Pulse may issue credits at its discretion.
Support and Maintenance
Email Pulse provides direct support to one designated employee regarding the Service. Highly skilled engineers provide support including:
- Diagnosing and troubleshooting problems
- Providing Updates and Upgrades with documentation
- Installing, configuring, and verifying proper operation
- Assigning primary support contacts for ongoing management
- Maintaining issue tracking systems for all incidents
- Staffing support lines on normal business days from 9AM–6PM EST
Email Pulse will use reasonable efforts to answer questions or correct problems during the initial telephone consultation. Further issues will be addressed within 48 hours of initial contact.
Support extends to customers only — not to customer's end-users, resellers, or distributors.
Definitions
Service Year
The preceding 365 days from the date of an SLA claim. For accounts active less than 365 days, days prior to service use are deemed 100% available. Previous downtime cannot be used for future claims.
Annual Uptime Percentage
Calculated by subtracting from 100% the percentage of 5-minute periods during the Service Year when Email Pulse was "Unavailable."
Eligible Credit Period
The single month (monthly billing cycle) in which the most recent unavailable event occurred.
Service Credit
A dollar credit applied to eligible accounts as specified in this agreement.