This Lob Domestic Address Verification Service ("Lob DAVS") Service Level Agreement ("SLA") is a policy governing the use of Lob Domestic Address Verification Service under the terms of the Lob Customer Agreement (the "Agreement") between Lob.com, Inc. and its affiliates ("Lob", "us" or "we") and users of Lob's services ("you"). This SLA applies separately to each account using Lob.com. Unless otherwise provided herein, this SLA is subject to the terms of the Lob Agreement and capitalized terms will have the meaning specified in the Lob Agreement. We reserve the right to change the terms of this SLA in accordance with the Lob Agreement.
API Uptime: Lob will use commercially reasonable efforts to make Lob DAVS available with a Monthly Uptime Percentage (defined below) of at least 99.99%, in each case during any monthly billing cycle (the "Service Commitment").
In the event Lob DAVS does not meet the Service Commitment above, you will be eligible to receive a Service Credit as described below.
Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments such as upfront payments made for Reservations) for Lob DAVS.
In the event that Lob does not meet the API Uptime Service Commitment in any calendar month, you will be eligible for a Service Credit equal to i) the percentage of minutes that Lob DAVS was Unavailable in excess of the time stated in the Service Commitment, multiplied by ii) your Domestic Address Verification Subscription Fee in that calendar month.
We will apply any Service Credits only against future Lob DAVS payments otherwise due from you. At our discretion, we may issue the Service Credit to the account during the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment from Lob. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Lob Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide Lob DAVS is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
To receive a Service Credit, you must submit a claim by opening a ticket with Lob Support. 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:
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.
The Service Commitment does not apply to any unavailability, suspension or termination of Lob DAVS services, or any other Lob DAVS performance issues: (i) that result from a violation of Lob's Terms of Service; (ii) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of Lob DAVS; (iii) that result from any actions or inactions of you or any third party; (iv) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); (v) that result from any scheduled maintenance as provided; or (vi) arising from our suspension and termination of your right to use Lob DAVS in accordance with Lob's Terms of Service. If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation and Production Time calculation, then we may issue a Service Credit considering such factors at our discretion.