Service Level Agreement
This web page outlines the service level agreement for USERs provisioned with Hosted Services with Thumbsapp.
Master Service Level Agreement
This document contains the Service Level Agreement for Thumbsapp. Please read it carefully as this is the official
agreement in force at the present time. The agreement listed below supersedes any other written document you may have
prior to today’s date. Exhibits to this agreement are also available highlighting additional terms. If you have
questions or comments about this agreement, please do not hesitate to contact us.
THIS SERVICE LEVEL AGREEMENT
(“Agreement” or “SLA”) shall apply to all Hosted Services provided by Thumbsapp expressly as an addendum to the Terms Of
Service (“TOS”) for each customer/client/consumer/domain/administrator/end user/user (“USER”). Thumbsapp is committed to
providing a highly available and secure network to support its USERs. Providing the USER with consistent access to Hosted
Services is a high priority for Thumbsapp and is the basis for its commitment in the form of a SLA. The SLA provides
certain rights and remedies in the event that the USER experiences service interruption as a result of failure of
Thumbsapp’s infrastructure. The overall service availability metric is 99.5%, measured on a monthly basis.
For the purpose of this Service Level Agreement, the terms in bold are defined as follows:
Available or Availability
When the USER whose account is active and enabled has reasonable access to the Hosted Service provided by Thumbsapp, subject
to the exclusions defined in Downtime Minutes below.
Total Monthly Minutes
The number of days in the month multiplied by 1,440 minutes per day.
The time period during which the Hosted Service may not be Available each month so that Thumbsapp can perform routine
maintenance to maximize performance, is on an as-needed basis.
The total number of minutes that the USER cannot access the Hosted Service. The calculation of Downtime Minutes excludes
time that the USER is unable to access the Hosted Services due to any of the following:
- (a) Maintenance Time
- (b) USER’s own Internet service provider
- (c) Force Majeure event
- (d) Any systemic Internet failures
- (e) Enhanced Services
- (f) Any failure in the USER’s own hardware, software or Network connection
- (g) USER’s bandwidth restrictions
- (h) USER’s acts or omissions
- (i) Anything outside of the direct control of Thumbsapp
The network inside of Thumbsapp border routers.
Problem Response Time
The time period after Thumbsapp’s confirmation of the Service event, from receipt of the information required from the USER
for Thumbsapp’s Support Team to begin resolution and open a trouble ticket in Thumbsapp’s systems. Due to the wide diversity
of problems that can occur, and the methods required to resolve them, problem response time IS NOT defined as the time between
the receipt of a call and problem resolution. After receiving a report of fault, Thumbsapp shall use a reasonable method to
provide the USER with a progress update.
Thumbsapp’s Hosted Service are provided in a multitenant architecture where seats of a USER’s domain may be extended across
numerous servers. USER may obtain remedy only for affected seats residing on the server experiencing downtime exceeding the SLA.
Thumbsapp will communicate the date and time that Thumbsapp intends to make the Hosted Services unavailable via email or by
posting a notice on Thumbsapp’s website or social media channels at least forty-eight (48) hours in advance (or longer if
practical). The USER understands and agrees that there may be instances where Thumbsapp needs to interrupt the Hosted Services
without notice in order to protect the integrity of the Hosted Services due to security issues, virus attacks, spam issues or
other unforeseen circumstances. Below are the Maintenance Windows and their definitions:
These change controls happen immediately with little notification ahead of time; however,
we will post the information to our website or social media channels soon after or during the change.
These change controls are when we detect an item in the environment that we need to
take action on, to avoid emergency change controls in the future. These change controls, if possible, will usually occur in low
peak hours with peak being defined by our network metrics.
These are change controls being done to:
Support on-going product and operational projects to ensure optimal performance
Deploy non-critical service packs or patches.
Periodic redundancy testing.
Where possible planned maintenance will be posted 5-days prior; however, certain circumstances may preclude us from doing
so, such as an external vendor issuing a change control to Thumbsapp, e.g. the power company alerting us to perform power
testing 48 hours ahead of time.
The required configurations USER must have to access the Hosted Services include:
Internet connection with adequate bandwidth
Term of the Service Level Agreement
This Service Level Agreement shall only become applicable to the Hosted Services upon the later of (a) completion of the
“stabilization period,” as such term is defined in the Statement of Work (if any), or (b) ninety (90) days from the provisioning
of Hosted Services.
Thumbsapp uses a proprietary system to measure whether the Hosted Services are Available and the USER agree that this system
will be the sole basis for resolution of any dispute that may arise between the USER and Thumbsapp regarding this Service Level
Availability is calculated based on the following formula:
A = (T – M – D) / (T – M) x 100%
A = Availability
T = Total Monthly Minutes
M = Maintenance Time
D = Downtime
||Credit Amount of Monthly Fee for Affected Seats
|> 97.5% but < 99.5%
|> 95% but < 97.5%
Problem Response Time
||Problem Response Time
||Target Resolution Time
The problem causes complete
loss of service. Work cannot
reasonably continue as the
feature or function does not
allow completion of work and
its operation is mission
critical to the business.
||Within 4 business hours
||Within 8 business hours
The problem will
be worked on until
fixed or a
Updates will be
Provided every 4 hours.
The problem causes
important loss of service. A
major software function is
experiencing a reproducible
problem that causes a major
inconvenience to the
An acceptable workaround
may or may not be available,
however, operation can
continue in a restricted
fashion. The current release
should be patched if a
cannot be found and the next
release is not imminent.
||Within 1 business day
The problem will
be worked on until
fixed or a
Updates will be
provided at the end
of every day.
The problem causes minor
loss of service or is a minor
error. The impact is an
inconvenience that may
require a workaround to
restore functionality or is a
minor error, incorrect
behavior, or a
documentation error that does
not impede the operation of a
||Within 3 business days
Thumbsapp will work with
the user to mutually
prioritize and schedule
resolutions into regular
Thumbsapp’s failure to meet the Service level metric for Problem Response Time for a month shall result in a Service Level
Credit calculated per incident at a credit of 50% of the monthly invoice, up to a maximum Service Level Credit of ₱5,000.00,
for the Hosted Service (not including setup, activation fees or other services provided by Thumbsapp) per month. The response
time per incident will vary upon the degrees defined below:
Remedy and Procedure
The USER’s remedy and the procedure for obtaining the USER’s remedy in the event that Thumbsapp fails to meet the Service level
metrics set forth above are as follows:
To qualify for remedy:
(a) There must be a support ticket documenting the event within 24 hours of the service interruption
(b) USER account must be in good standing with all invoices paid and up to date
The USER must notify Thumbsapp in writing within five (5) business days by opening a support ticket and providing the following details:
- Subject of email must be: “Claim Notice – ‘<company name>”
- List the type of Hosted Service that was affected (e.g. Thumbtax Accounting System)
- List the date the Downtime Minutes occurred
- List an estimate of the amount of actual Downtime Minutes
- Ticket number of the documented event
Thumbsapp will confirm the information provided in the Claim Notice within five (5) business days of receipt of the Claim
Notice. If Thumbsapp cannot confirm the Downtime Minutes, then the USER and Thumbsapp agree to refer the matter to executives
at each company for resolution. If Thumbsapp confirms that Thumbsapp is out of compliance with this Service Level Agreement,
the USER will receive the amount of Service Level Credits set forth above for the affected Service level metric and the affected
seats for the affected month. The SLA credit will be reflected in the Thumbsapp invoice to the USER in the month following
Thumbsapp confirmation of the Downtime Minutes. Please note that SLA credits can only be applied to accounts that are in good
standing with all invoices paid and up to date.