Last modified: February 12, 2024
PLEASE READ THESE TERMS CAREFULLY.
The Social News Desk (“SND”) Product Specific Terms are intended to highlight some of the important things about using our different Subscription Services. The Product Specific Terms form part of the SND Customer Terms of Service and are hereby incorporated therein.
If you are using any of the Subscription Services described below, the terms corresponding to those product(s) apply to your use. We periodically update this page by posting a revised copy at https://www.socialnewsdesk.com/legal/product-specific-terms, so please check back here for current information.
1. SND DASHBOARD – SOCIAL MEDIA MANAGEMENT
1.1 Notice of Non-Renewal Deadline
Customers must send notice of non-renewal at least 30 days prior to the end of their current Subscription Term.
2. SND ADS – MANAGED SERVICES
This section is intentionally blank and will be updated from time to time.
3. SERVICE UPTIME COMMITMENT
3.1 For the purposes of this ‘Service Uptime Commitment’ section, the following definitions will apply:
“Downtime” means a critical full outage/severe issue that constitutes a catastrophic problem causing complete inability to use the Subscription Service, excluding Free Services, across a significant portion of the production environment (e.g. crash or hang), resulting in production downtime and where there is no workaround or solution to the problem.
“Excluded” means the following: (i) unavailability caused by circumstances beyond our reasonable control, including, without limitation, act of God, acts of government, emergencies, natural disasters, flood, fire, civil unrest, acts of terror, strikes or other labor problems (other than those involving our employees), or any other force majeure event or factors; (ii) any problems resulting from Customer’s combining or merging the Subscription Service with any hardware or software not supplied by us or not identified by us in writing as compatible with the Subscription Service; (iii) interruptions or delays in providing the Subscription Service resulting from telecommunications or internet service provider failures outside of our datacenter as measured by our third party website availability monitoring provider; (iv) any interruption or unavailability resulting from the misuse, improper use, alteration, or damage of the Subscription Service; and (v) unavailability while we perform maintenance on the Subscription Service when necessary, in SND’s sole, reasonable discretion.
“Service Uptime” means (total hours in calendar month – Excluded duration – Downtime duration) / (total hours in calendar month – Excluded duration ) x 100% = Service Uptime.
3.2 We will use commercially reasonable efforts to meet a Service Uptime of 99.95% for our Subscription Service in a given calendar month. All availability calculations will be based on our system records. Notwithstanding anything to the contrary in this Agreement, as Customer’s sole and exclusive remedy for failure to meet Service Uptime commitments, in the event there are two (2) or more consecutive calendar months during which the Service Uptime falls below 99.95% in a given calendar month, Customer will be entitled to receive a credit equal to the pro-rated amount of fees applicable to the downtime as measured within two (2) or more consecutive calendar months during which the Service Uptime fell below 99.95%. The credit will be applied against an invoice or charge for the following renewal Subscription Term, provided Customer requests such credit within twenty (20) days of the end of the relevant calendar month in which SND did not meet the Service Uptime of 99.95%. Notwithstanding anything to the contrary in the Agreement or this section, this ‘Service Uptime Commitment’ section does not apply to our Free Services.
4. CUSTOMER SUPPORT
4.1 Email and Phone Support
Email and phone responses are provided during phone support hours only. We attempt to respond to email and phone support questions within one business day; in practice, our responses are generally much faster. We do not promise or guarantee any specific response time. We may limit or deny your access to support if we determine, in our reasonable discretion, that you are acting, or have acted, in a way that results or has resulted in misuse of support or abuse of SND representatives.
