Effective starting: March 24, 2021
During the Term of the Postman Enterprise Master Services Agreement or other written agreement executed by Postman under which Postman has agreed to provide Enterprise plan subscription services ("Services") to you ("Agreement"), Postman will use commercially reasonable efforts to ensure that the Services meet the Uptime Commitment as described below in this Enterprise Support and Service Level Policy (the "Policy").
Support. Enterprise Support is available from the Postman Support team ("Support Team") Monday through Friday, 24 hours a day PT, excluding holidays ("Business Hours"). Currently, the holidays Postman observes are: New Year’s Day (January 1st), Martin Luther King, Jr. Day (3rd Monday of January), Presidents’ Day (3rd Monday of February), Memorial Day (last Monday of May), Independence Day (July 4th), Labor Day (1st Monday of September), Thanksgiving (4th Thursday of November) and the Friday after, Christmas Eve (December 24th) and Christmas Day (December 25th). "PT" means Pacific Standard Time or Pacific Daylight Time, whichever is currently in effect for the Pacific Time Zone. Requests may be submitted on a 24/7 basis via email to firstname.lastname@example.org or via Postman’s support platform available at www.postman.com/support, and the Support Team will provide an initial response and acknowledgment to you of any such request within one (1) business day.
Customer Responsibility. The Support Team must be able to reproduce an error in order to resolve it. You agree to cooperate and work closely with the Support Team to reproduce errors, including conducting diagnostic or troubleshooting activities as reasonably requested and as appropriate.
Updates and Upgrades. You will be provided with and agrees to accept, and install if required for provision of the Services, all updates, upgrades, enhancements, and/or new releases to the Postman Services and Software that are generally provided to Postman customers (collectively, "Upgrades"), by auto-pushing each such Upgrade (as and when such Upgrades are made commercially available).
Support Response Guidelines. When submitting a support request you must (i) provide Postman with all information necessary for Postman to address the request, and (ii) respond promptly with any information reasonably requested by Postman to clarify the support request. On receipt of the support request, Postman will respond to the request as detailed in Section 1 of this Policy.
5.1 Uptime Commitment. The Services will be operational and available for use by you in accordance with the Agreement on a 24 x 7 x 365 basis with an uptime commitment of 99.5% for each calendar month ("Uptime Commitment").
5.2 Scheduled Maintenance. The calculation of uptime will not include Scheduled Maintenance. "Scheduled Maintenance" means Postman’s scheduled routine maintenance for which Postman notifies you via status.postman.com.
5.3 Measurement and Reporting. Postman will monitor the Services to ensure they are being provided in accordance with this Policy and regularly report to you all non-scheduled or emergency maintenance and any other outages (including performance degradation) via status.postman.com.
6.1 Termination for Chronic Failure. If the Services fail to meet the Uptime Commitment, you will escalate through email@example.com. If Postman fails to meet the Uptime Commitment (by any amount) for three (3) consecutive months or four (4) months out of any twelve (12) month period, then within thirty (30) days following the conclusion of the third consecutive calendar month, you may terminate the applicable Order(s) by giving Postman thirty (30) days prior written notice of termination, without liability for any cancellation fees, penalties or other damages associated with termination, and you shall be entitled to a refund of unearned, prepaid fees, if any, pro-rated from the effective date of such termination through the end of the applicable prepaid period.
6.2 Cumulative Remedies. Notwithstanding any other term or provision in the Agreement, the remedies stated in this Section 6 are your sole and exclusive remedies for Postman’s failure to meet the Uptime Commitment specified herein.
Exclusions. In addition to Scheduled Maintenance, the calculation of uptime will not include downtime to the extent due to: (a) use of the Services by you in a manner not authorized in this Agreement or (b) general Internet problems, Force Majeure Events or other factors outside of Postman’s reasonable control, provided the foregoing will not apply to reasonably foreseeable events for which Postman can prepare. Notwithstanding the foregoing, nothing in this Section 7 limits Postman’s obligations with respect to Force Majeure Events and disaster recovery or business continuity under the Agreement, and any excused performance of Postman in this Section 7 will apply only during the period during which Postman is using its best efforts to meet such obligations.
General. Capitalized terms not defined in this Policy have the same meanings set forth in the Agreement, and "you" means the person or entity with a license or subscription to the Services as defined in the Agreement. In the event of a conflict with the Agreement, the terms of this Policy will control.