This Lob Print & Mail Service ("Lob PMS") Service Level Agreement ("SLA") is a policy governing the use of Lob Print & Mail 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"). Lob's Print & Mail Service includes Lob's Letter API, Postcard API, and Check API. 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 PMS available with a Monthly Uptime Percentage (defined below) of at least 99.9%, in each case during any monthly billing cycle (the "Service Commitment").
Production Time: Lob will use commercially reasonable efforts to produce and deliver the prepared letters, postcards, and checks to the relevant mail carrier no later than two business days after the day of the API request. For purposes of this Production Time Service Commitment, the two business day clock begins only for mailpiece requests with Send Dates before 10AM PST ("Daily Cutoff Time"). For mailpiece requests submitted with Send Dates that after the Daily Cutoff Time, the two business day clock begins the on the following business day.
In the event Lob PMS does not meet either of the Service Commitments above, you will be eligible to receive a Service Credit as described below.
Service Credits for API downtime are calculated as a percentage of Subscription Fees paid by you for Lob PMS. 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 10% of your total Print & Mail Service Subscription Fee spend in that calendar month.
Service Credits for Production Time misses are calculated based on the total dollar amount Lob charges you for the mailpiece. For any mailpieces that do not meet the Production Time Service Commitment, Lob will issue Service Credits equal to the total dollar amount we charged you for the affected letters.
We will apply any Service Credits only against future Lob PMS 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 PMS 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:
check_id) that you claim missed Lob's Production Time Service Commitment.
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 PMS services, or any other Lob PMS 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 PMS; (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 PMS in accordance with Lob's Terms of Service. 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.