I. QUALITY LEVELS OF THE SERVICE
Whisbi agrees to a Service availability in excess of 99.8%, taking as a basis for calculating the cumulative duration of interruption to the Service over an invoicing period.
The cumulative duration of interruption to the Service during the measurement period is calculated by totaling the time the Service is totally unavailable which is directly attributable to Whisbi over the invoicing period measured.
The length of time which the Service is unavailable shall commence from notification by the Client of the incident to firstname.lastname@example.org.
II. PENALTIES FOR NON FULFILLMENT OF THE QUALITY LEVELS
In the event of non-fulfillment of the quality levels established, Whisbi will pay the Client an amount equal to the average hourly rate of the amount involved for all the services interrupted during the three months prior to the interruption, prorated by the time in hours which has exceeded its individual commitment of 99.8%.
In order for Whisbi obligation to pay to be applicable, it is necessary that:
(i) The Client has processed the corresponding claim through the means and in the form established below within the period of ten (10) calendar days from the finalization o the measurement evaluated. The Claim, which should be made by email to email@example.com, should have attached to it documentation evidencing Whisbi´s breach.
(ii) It has been verified in advance that the non-fulfillment of the Quality Levels is for causes directly attributable to Whisbi.
Once the fulfillment of the two conditions set out in points (i) and (ii) above have been verified as well as the absence of any of the events for exclusion in point three below, the appropriate penalty will be applied.
The penalty will be paid by way of a discount on the invoice for the following month. Under no circumstances can the penalty be in excess of 80% of the total amount of the applicable invoice.
Quality Levels of the Service will not be applicable in cases of force majeure and when the interruption of the Service is not directly attributable to Whisbi. Hence, for example, it will not be applicable when the interruption of the Service is attributable to the Client (for example, caused by the Client’s non-fulfilment of the contractual conditions, in particular, in cases of fraud and delay in payment which give rise to the temporary suspension and interruption of the Service) or to a third party and the interruption of the Service due to reasons beyond the control of Whisbi system such as telephone operators, etc.
The penalties indicated will only be applicable if the Customer fulfills all the terms and conditions established in the Services Framework Agreement for provision of the Service.
IV. CUSTOMER CARE SERVICES
Whisbi will make available to the Client the e-mail address firstname.lastname@example.org, where the client must report any incident so Whisbi can solve it as soon as possible.