Last updated: November 27, 2023

1. Introduction

This Service Level Agreement (“SLA”) is incorporated into and made part of the Main Services Agreement (“MSA”). If you see an undefined term in this SLA, it has the same definition as in the MSA. Except as expressly provided herein, the SLA supplements the Parties' rights and obligations under the MSA. 

This SLA may be updated by Boulevard from time to time upon reasonable notice, which may be provided via Customer’s Account, email, or by posting an updated version of this SLA at https://www.joinblvd.com/legal/service-level-agreement. Your continued use of the Services shall be deemed your conclusive acceptance of any such revisions. 

2. Service Level

We will make Boulevard Services accessible through our Platform available to you with a 99.5% monthly uptime (our “Uptime Commitment”) during the Term of your Agreement.  

3. Uptime Measurement Method

Our Uptime Commitment is measured each month during the Term of your Agreement and calculated by (i) taking 100% of the minutes in the applicable month and (ii) subtracting the percentage of minutes during the month in which the applicable Boulevard Services were unavailable as defined below (“Unavailable Time”). 

“Unavailable Time” means the number of minutes in the applicable month during which the applicable Boulevard Services were unavailable for use. Unavailable Time does not include the following, each an “SLA Exclusion:”

• Issues caused by factors outside of our reasonable control, including a Force Majeure event (as described in the MSA), telecommunications provider-related problems or issues, Internet access, or related problems occurring beyond the point in the network where Boulevard maintains access and control over the applicable Boulevard Services;

• Slowness with certain features (reporting, credit card charges, etc.);

• Overall Internet congestion, slow down, or unavailability; 

• Scheduled maintenance for which we give you at least twenty-four (24) hours prior notice;

• Emergency maintenance that is necessary for purposes of maintaining the integrity or operation of the Boulevard Services, regardless of the notice provided by Boulevard;

• Results from any free trial or Beta Service (as defined in the MSA);

• Suspension or termination of the Boulevard Services pursuant to the Agreement;

• Any action or inaction by you or any third party (except for Boulevard’s agents and subcontractors); or

• Your equipment or third-party telecommunications, computer hardware, application, add-ons, software, network infrastructure, or other technology is not within the sole control of Boulevard.

4. Service Credit

If we fall short of our Uptime Commitment, you will be eligible to make a request (as described in Section 5 below) for a credit to your Customer Account (each, a “Service Credit”) as follows:

A Service Credit is calculated by multiplying the applicable percentage set forth above by the Fees you actually incur for the affected Boulevard Service for the applicable month. Service Credits will apply only against future payments for the Boulevard Services otherwise due from you. Service Credits are not available in the form of refunds and may not be transferred or applied to another account. 

Service Credit Eligibility: To be eligible for a Service Credit, you must not (i) be past due on any payments due to Boulevard and (ii) for the month in which you request a Service Credit, be in breach of the Agreement or fail to meet your payment obligations to Boulevard. 

5. Service Credit Request

If you believe our Uptime Commitment has not been met for any given month during the Term, you must submit a claim by emailing support@joinblvd.com no later than seven (7) days after the end of the applicable month (“Service Credit Request”). All Service Credit Requests must include (i) “SLA Claim” as the subject of the email and (ii) the dates, times, and descriptions of each instance of Unavailable Time, including any supporting documentation, and any supporting calculations. All properly submitted Service Credit Requests will be verified against Boulevard’s logs and system records, which will be considered dispositive. If we confirm that we have not met our Uptime Commitment for the applicable month, that your Service Credit Request was properly submitted, and you are eligible for a Service Credit, we will issue you the applicable Service Credit within one billing cycle following the month in which your request is confirmed by us.

6. Entire Uptime Commitment Liability

The Service Credits set forth in this SLA are Boulevard’s sole and entire liability to Customer, and Customer’s sole and exclusive remedy, for Boulevard’s failure to meet its Uptime Commitment.