Service level & support agreement

This service level and support agreement (“SLA”) forms part of and is incorporated by reference into Writer’s Platform Services Agreement (or other applicable agreement governing Customer’s use of Writer’s Platform) (the “Agreement”). Any capitalized terms used in this SLA but not defined will have the meaning set forth in the Agreement. With notice to Customer, Writer may modify this SLA to reflect new features and/or changing practices, but any such modification will not materially decrease Writer’s overall obligations during the Subscription Term.

1. Platform Availability.

Writer will use commercially reasonable efforts to make the Platform available to Customers subscribed to Writer’s enterprise plan at the Availability Level.

• (a) “Availability Level” means uptime availability of the Platform of at least 99.9% measured on a monthly basis, excluding beta, trial, proof of concept, or sandbox versions of the Platform. The Platform will be deemed unavailable if the Customer is unable to access the Platform (“Downtime”). Downtime excludes periods when the Platform may not be available due to: (i) maintenance, repairs, improvements, changes, or upgrading of the software and hardware used by Writer to provide the Platform, including scheduled maintenance and unscheduled, emergency maintenance; (ii) a failure or defect arising out of Third-Party Services; (iii) any software, hardware or other element of the Customer environment not provided by Writer; (iv) use of the Platform by the Customer not in accordance with the Agreement or any documentation made available by Writer; or (v) force majeure events or other factors outside of Writer’s reasonable control.
• (b) Writer will provide updates and information about availability and outages via https://status.writer.com/ or by notifying the Customer directly.

2. Service Credits.

If Writer fails to meet the Availability Level in a particular month, Customer must make a written request for service credits within five (5) business days after the end of that month by emailing support@writer.com. If Writer verifies Customer’s request through its system logs and records, Customer will be entitled to a credit based on the monthly portion of the annual fees due in such month (a “Service Credit”), calculated by Writer as follows:

Customer will not receive any refunds for any unused Service Credits, and Service Credits are Customer’s sole and exclusive remedy, and Writer’s sole and exclusive liability, for Writer’s failure to meet the Availability Level.

3. Customer Support.

Writer will provide Customer with support as follows:

• (a) Writer will provide general support during Writer’s normal business hours, Monday through Friday from 8:00 a.m. to 5:30 p.m. Pacific Time, excluding holidays. Writer’s ability to provide support depends on Customer’s provision of an email address affiliated with their account when Customer submits a support request, Customer’s provision of accurate and detailed information sufficient for Writer to reproduce the reported error, and Customer’s response to Writer communications in a timely manner. Writer’s support does not include configuring or diagnosing problems in any other part of Customer’s technical infrastructure.
• (b) In the event that Writer identifies or Customer reports an incident related to the Platform, Writer will assign a priority level to that incident and will use commercially reasonable efforts to respond to questions submitted by Customers subscribed to Writer’s enterprise plan as follows:

• (c) Writer is not obligated to provide support to the extent a question or incident arises from: (i) use of the Platform by the Customer not in accordance with the Agreement or any documentation made available by Writer; (ii) issues related to network unavailability, force majeure events or other factors outside of Writer’s reasonable control; or (iii) any software, hardware or other element of the Customer environment not provided by Writer.