BarTender Cloud Products by Seagull Scientific, LLC
Service Level Agreement

This Service Level Agreement (“SLA”) defines the level of service Administrators (as defined in the Terms of Service) of Seagull’s BarTender Cloud Product(s) can expect from us and the metrics by which we monitor and measure the effectiveness of our service.  Seagull reserves the right to revise this SLA by posting a revised version at this web address, or such other web address as Seagull may select in its sole determination.  The revised SLA will be effective on the start date of the renewal Term for your BarTender Cloud Product paid subscription license. 

1. Service Level Definitions.

“Available” means the BarTender Cloud Product to which you have a paid subscription license can be accessed for label printing by you and your credentialed users, as further specified here.  This SLA and its applicable Service Levels do not apply to performance or availability issues due to the following:  1) factors that are beyond Seagull’s reasonable control; 2) factors resulting from your or your third-party’s hardware or software; 3) caused by the failure or deficient performance of power, equipment, services or systems not provided by Seagull; 4) resulting from your or your third-party’s action, inaction, misconduct or accident or any breach of this Agreement by your or your third-party; 5) caused by your or your third-party’s use of the Service after Seagull advised you or your third-party to modify its use of the Service, if you or your third-party did not modify use as advised; 6) during Excused Downtime, as described below; and, 7) during beta and trial services, as determined by Seagull.

“Availability” means the percentage resulting from the following expression: the number of minutes in a calendar month minus the number of minutes the Covered Service is not Available in such month excluding Excused Downtime, divided by the number of minutes in such month.

“Excused Downtime” means the minutes in a calendar month the BarTender Cloud Product for which you have paid a subscription license is not Available due to: (a) Service Maintenance; and (b) circumstances beyond Seagull’s reasonable control (e.g., force majeure events, general Internet outages, third party or Administrator-controlled service or infrastructure failures and delays, network intrusions, denial-of-service, or other similar attacks or interference by anyone other than Seagull or our agents).

“Monthly Subscription Fees” means the amount resulting from the following expression: the number of days in a calendar month falling under the paid subscription license Term divided by the number of days of such Term, multiplied by the paid subscription license fees for such Term.

“Service Maintenance” means any necessary or required maintenance, repairs, updates, or other modifications of the BarTender Cloud Product to which you have a paid subscription license, and the systems, networks, and infrastructure used by Seagull to operate and provide the BarTender Cloud Product to which you have a paid subscription license.

“Status Page” means, as applicable, the status website at status.bartendercloud.com. 

“Term” means the period of authorized access and use of the BarTender Cloud Product for which you have paid subscription license.  

2. Monitoring. Seagull will continuously log, monitor, and keep system records of the BarTender Cloud Product(s)’ accessibility and will make commercially reasonable efforts to communicate outages and events impacting accessibility on the Status Page.

3. Service Maintenance Notice. Seagull will provide you with in-app or email notice at least 10 business days prior to a planned Service Maintenance if: (a) Seagull believes that the Service Maintenance will materially impact the Availability of the BarTender Cloud Product to which you have a paid subscription license; and (b) such notice will not pose a security risk to Seagull or its other administrators.

4. Technical Support. Technical Support for the BarTender Cloud Product to which you have a paid subscription license is provided to assist with issues and questions beyond what is covered in Seagull’s on-line documentation.  Seagull will use commercially reasonable efforts to provide you with Technical Support services as outlined in our Support Plan posted here.  Seagull has no Technical Support obligations with respect to issues relating from 1) factors that are beyond Seagull’s reasonable control; 2) factors resulting from your or your third-party’s hardware or software; 3) caused by the failure or deficient performance of power, equipment, services or systems not provided by Seagull; 4) resulting from your or your third-party’s action, inaction, misconduct or accident or any breach of this Agreement by your or your third-party; 5) caused by your or your third-party’s use of the Service after Seagull advised you or your third-party to modify its use of the Service, if you or your third-party did not modify use as advised; 6) during Excused Downtime, as described above; and, 7) during beta and trial services, as determined by Seagull.

5. Fee Credits for Availability Events. If Availability of the BarTender Cloud Product to which you have a paid subscription license falls below 99.9% in any calendar month during the Term (each an “Availability Event”), you will be entitled to request a credit to be applied against the fees for the next renewal Term of the BarTender Cloud Product (“Fee Credit”) by submitting notice to Seagull via the Seagull SLA Fee Credit Request form here.  Such notice must contain all the information required by such form and must be sent within 30 days following the end of the calendar month in which the Availability Event occurred for you to be eligible to receive a Fee Credit. Seagull will validate Availability Events against our system records and will determine Fee Credits in accordance with the following table: