ABBYY commits that the Quarterly Uptime Percentage for the Service will not be less than 99%.
“Service” means "ABBYY Cloud OCR SDK" Web-service accessible via https://cloud.ocrsdk.com.
“Task” means a combination of any image that is uploaded by the customer’s application for processing (recognition) and processing parameters (processing method name plus a set of parameters, as described in the documentation that can be found at: https://ocrsdk.com/documentation/api-reference/).
“Availability Downtime Minute” means a one minute period during which the Service is unavailable. The Service is considered available if it is accepting correctly formed Tasks (i.e. Tasks that were formed in a way described in the aforesaid documentation) and responds to Task status requests (sent via getTaskStatus method, as described in the aforesaid documentation).
“Quarter” means a calendar quarter during which downtime has occurred.
“Quarterly Availability Downtime” means the total number of Availability Downtimes Minutes during the Quarter.
“Quarterly Uptime Percentage” is calculated as the total number of minutes in the Quarter less Quarterly Availability Downtime divided by the total number of minutes in the Quarter. This is represented in the following formula:
QUp (%) – Quarterly Uptime %;
Minutes per Q – Total number of minutes in the Quarter;
Downtime per Q – Quarterly Availability Downtime.
Important: The commitments in this Service Level Agreement are provided only to paying customers of ABBYY.
- ABBYY commits that the Quarterly Uptime Percentage for the Service will not be less than 99%.
- The general availability of the Service has no direct effect on the processing speed of individual pages or documents. There is no guaranteed processing speed for a submitted job.
- Subject to the exclusions stated in Section 4 below and to the provisions of this Section 3, ABBYY will provide a partial refund or provide additional page volume for each Quarter in which the Quarterly Uptime Percentage is less than 99%.
- In order to be eligible for such partial refund or additional page counts, customer is required to submit a Claim to ABBYY via e-mail at the email address stated below not later than ten (10) calendar days after the end of the Quarter.
- Customer must provide ABBYY with all reasonable details regarding the Claim, including but not limited to, detailed descriptions of the Incident(s), the duration of the Incident, network trace routes, the URL(s) affected and any attempts made by the customer to resolve the Incident.
- In order to be eligible to submit a Claim with respect to any Incident, the customer must first have notified ABBYY of the Incident within 24 hours after the Incident began at: email@example.com.
- ABBYY will use all information reasonably available to it to validate Claims and make a good faith judgment as to whether the Quarterly Uptime Percentage commitment has been met with respect to the Claim.
- In the event the Quarterly Uptime Percentage is not met for any Quarter, ABBYY will calculate the number of pages that were not processed due to reported Incidents (i.e. the number of pages eligible for refund), based on the duration of the Incident and the customer’s average processing speed as follows:
Number of pages eligible for refundPages Ref. =Number of pages processed during the QuarterPages per Q Number of minutes in the QuarterMinutes per QXQuarterly Availability DowntimeDowntime per Q
Pages Ref. – Number of pages eligible for refund;
per Q – Number of pages processed during the Quarter;
Minutes per Q – Number of minutes in the Quarter;
Downtime per Q – Quarterly Availability Downtime.
- ABBYY will, in its sole discretion, either: (i) credit the customer’s account with the number of pages eligible for refund, or (ii) deduct the amount of the refund from the monies due in the next billing period, or (iii) refund the customer the monetary equivalent, calculated according to the price list option used by the customer.
- UNDER NO CIRCUMSTANCES SHALL ABBYY BE LIABLE FOR ANY DAMAGES SUFFERED BY THE CUSTOMER AS A RESULT OF USE OR INABILITY TO USE THE SERVICE, OR THE FAILURE OF THE SERVICE TO MEET THE QUARTERLY UPTIME PERCENTAGE COMMITMENT, OR CAUSED BY ERRORS, INTERRUPTION OF SERVICE, REMOVAL OF FILES, CHANGE IN FUNCTIONALITY, DEFECTS AND THE LIKE, HOWSOEVER CAUSED. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR THE FAILURE OF THE SERVICE TO MEET THE QUARTERLY UPTIME PERCENTAGE COMMITMENT SHALL BE THE ADDITIONAL PAGE VOLUMES, CREDITS OR REFUNDS DESCRIBED HEREIN.
The Service Level commitment set forth above does not apply to any performance or availability issues:
- Due to factors outside of ABBYY’s reasonable control (for example, a network or device failure external to Microsoft’s data centers)
- That resulted from customer’s use of hardware, software, or services not provided by ABBYY (for example, third-party services)
- Due to customer’s use of the Service in a manner inconsistent with the published documentation (available at ocrsdk.com/documentation/)
- Caused by customer’s use of the Service after ABBYY has advised customer to modify its use of the Service, if customer failed to modify its use as advised for any reason.
- ABBYY may change the terms of this Service Level Agreement at any time, and from time to time in its sole discretion. ABBYY will provide no less than thirty (30) days' advance notice of changes to the terms of this Service Level Agreement. Notice of such changes shall be given only by posting the revised terms on the website at ocrsdk.com.