LEGAL
The documents that govern your use of the Gamz platform, including our Terms of Use, Privacy Policy and Service Level Agreement.
Service Level Agreement
Last Updated:
This Gamz Service Level Agreement (“SLA”) between Sportfix Pty Ltd (trading as Gamz) (“Gamz”, “we”, “us” or “our”) and users of the Gamz Services (“you”) governs the availability of the Gamz Services under the provisions of the Gamz Terms of Use (the “Terms”).
This SLA applies to the availability of the Gamz Services as provided to you.
Unless otherwise provided in this SLA, this SLA is subject to the provisions of the Terms. Capitalized terms have the meanings given in the Terms, unless otherwise defined in this SLA. We reserve the right to change the terms of this SLA in accordance with the Terms.
SERVICE COMMITMENT: 99.95% UPTIME
Gamz will use commercially reasonable efforts to make the Gamz Services available with a Monthly Uptime Percentage of at least 99.95% during any monthly billing cycle (the “Service Commitment”). Subject to the Gamz SLA Exclusions, if we do not meet the Service Commitment, you will be eligible to receive a Service Credit.
A Monthly Uptime Percentage of 99.95% corresponds to no more than approximately 21.6 minutes of Unavailability per month.
Definitions
“Gamz Services” means the Gamz platform, applications and related services provided to you under the Terms.
“Maintenance” means scheduled Unavailability of the Gamz Services, as announced by us prior to the Gamz Services becoming Unavailable.
“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the Gamz Services were Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Gamz SLA Exclusion.
“Service Credit” means a credit denominated in Australian dollars, calculated as set forth below, that we may credit back to an eligible account.
“Unavailable” or “Unavailability” means when the Gamz Services are not accessible or are materially non-functional for users as a whole due to a fault in Gamz’s systems.
SERVICE COMMITMENTS AND SERVICE CREDITS
Service Credits are calculated as a percentage of the total charges due on your applicable invoice for the monthly billing cycle in which the Unavailability occurred, applied proportionally to the Gamz Services that were Unavailable, in accordance with the following:
For Monthly Uptime Percentage less than 99.95% but equal to or greater than 99.9%, you will be eligible for a Service Credit of 10% of the charges attributable to the affected Gamz Services
For Monthly Uptime Percentage less than 99.9%, you will be eligible for a Service Credit of 30% of the charges attributable to the affected Gamz Services
For example, if the Gamz Services are Unavailable for 25 minutes, you would be eligible for a Service Credit for 10% of the applicable monthly fees.
We will apply any Service Credits only against future payments for the Gamz Services otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment from Gamz. A Service Credit will be applicable and issued only if the credit amount for that applicable monthly billing cycle is greater than one dollar ($1 AUD). Service Credits may not be transferred or applied to any other account.
SOLE REMEDY
Unless otherwise provided in the Terms, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the Gamz Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
CREDIT REQUEST AND PAYMENT PROCEDURES
To receive a Service Credit, you must submit a claim by emailing support@gamzapp.com. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:
the words “SLA Credit Request” in the subject line;
the dates and times of each Unavailability incident that you are claiming;
the organisation name; and
logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).
If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.
GAMZ SLA EXCLUSIONS
The Service Commitment does not apply to any unavailability, suspension or termination of the Gamz Services, or any other Gamz Service performance issue:
That results from a suspension or Remedial Action, as described in the Terms;
Caused by factors outside of our reasonable control, including any force majeure event, Internet access, or problems beyond the demarcation point of the Gamz network;
That results from any actions or inactions of you or any third party;
That results from the equipment, software or other technology of you or any third party (other than third party equipment within our direct control);
That results from failures of Gamz Services not attributable to Unavailability; or
That results from any Maintenance
If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.