1.1 Who we are
GetGreenspark.com is a site, service and platform that provides subscribers and customers with an agreed amount of CO2, Plastic and other offsets that are purchased and removed from the market. Our service may also include recommendations, PR and marketing. The site and platform is owned and the service is provided by Conscious Ventures Ltd (“Greenspark”, “us”, and “we” below), Company Number 13189124, a limited company registered in England and Wales. The Company’s official address is 139 Middle Deal Road, Deal, England, CT14 9RJ. You can also find our registered office address at Companies House.
To contact us, please email firstname.lastname@example.org or use our chat support feature. We do not have an office telephone number but we are happy to engage with you via online video chat.
1.2 When these terms apply
These Terms & Conditions (“Terms”) apply when you (“you”, “your”, "Customer" and “User” below) use any part of the website (the “Site”) or create an account to use any features, services, products or tools (together, the “Services”) offered on our platform at https://www.getgreenspark.com and any of its subdomains (the “Platform”).
IF YOU DO NOT ACCEPT OR AGREE WITH THESE TERMS, YOU MAY NOT ACCESS OR USE THIS SITE.
1.3 Terms subject to change
Please note that we may change, modify, add or remove sections of these Terms from time to time. We will post any changes to our Site by updating these Terms, but we may not make any separate publication about such changes, so please revisit these Terms every so often, because we assume that you agree with these Terms at all material times if you continue to use our Services.
These Terms were last updated on 29 September 2022.
1.4 Links To Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by Greenspark. Greenspark has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Greenspark shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
1.5 Malware and other Viruses
We do not guarantee that our Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
2.1 It's your data
If you are using our Site, whether that be general browsing of our published content, or by making use of our chat support, we will not process a great deal of your data.
If you give us feedback on the Site, for example recommendations for improvements or features, such feedback will be deemed non-confidential and non-proprietary and implementation of that feedback is owned by us and may become part of the Site or the Platform without compensation to you. We reserve all rights in and to the Site unless we expressly state otherwise.
If you create an account and log into our Platform, even if you are merely logging into the Platform for the purpose of research and do not use any of our Services, additional personal and company data will be taken from you. However, all such data has to be voluntarily provided by you, and will be securely stored by us.
We may use third-party Application Program Interfaces (“APIs”) and Software Development Kits (“SDKs”) to provide functionality as part of our services. For more information, please contact us.
Your personal and company data is sensitive and entitled to protection. Any personal, company and user-generated information will only ever be uploaded voluntarily by you manually or through one of our integrations.
Your data is uploaded and downloaded over a secure connection, your credentials are encrypted and hashed. We don’t store (or even know) your password. Your company data and any Confidential Information you may upload to the platform is stored securely, and only people you’ve assigned as members of your team (in addition to any persons approved under term 2.4) can access your data, per the access permissions you assigned to those team members. We expect you to ensure that your team, particularly those you give Admin access to, have strong passwords, ideally different from their social network site logins.
2.2 Account Creation
If you establish an account on the Platform, you are responsible for maintaining the confidentiality of your user ID and password, and you are responsible for all activities that occur under your password or user ID. You agree to: (i) log out from your account at the end of each session; and (ii) immediately notify us at email@example.com of any unauthorized use of your password or user ID or any other breach of security.
You are responsible for all content that you transmit or otherwise make available to our Site and Platform. Your access to and use of this Platform may be monitored, including but not limited to, for the purpose of identifying illegal or unauthorized activities.
2.3 Data collection
Subject to the confidentiality obligations created under these Terms (see below), you agree that we have the right to collect and analyse specific data points and other information gained from your profile, settings and, including but not limited to, interactions with our team on our chat support. This covers, without limitation, information concerning your data and data derived therefrom, and we will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Site/Platform and for other development, diagnostic and corrective purposes in connection with the Site/Platform; and (ii) to disclose such data solely in aggregated or other de-identified form in connection with our business, for example, we could indicate that most subscribers are on the Earth Hero plan.
2.4 Granting ourselves access for customer support purposes
Occasionally you may contact us for customer support. It may be necessary for our team to access your personal or company profile page for the purpose of assistance, to assist in determining the cause of issue or complaint. This will only happen with your implied consent to do so, such as during an active conversation between yourself and a team member on our live chat software or where it is necessary to answer a question you have asked them on email/chat support.
2.5 Providing platform and site feedback
If you give us feedback on the Site and/or the Platform, for example recommendations for improvements or features, such feedback will be deemed non-confidential and non-proprietary and implementation of that feedback is owned by us and may become part of the Site or the Platform without compensation to you. We reserve all rights in and to the Platform unless we expressly state otherwise.
We are the owners of all intellectual property rights, including but not limited to all text, published material, sound, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, and “look and feel” of the Site, in our Site. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
In the course of assisting you on our live-chat, all parties understand that the other party has or may disclose business, technical or financial information relating to their business (“Proprietary Information”). Our Proprietary Information includes non-public information regarding features, functionality and performance of the Service.Your Proprietary Information includes non-public information data provided by you to us to enable the provision of our Services (“Consumer Data”) Both of us agree:
- to take reasonable precautions to protect such Proprietary Information and Customer Data; and
- not to use (Except in the performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information and Customer Data.
The foregoing provisions will not apply with respect to any information that any of us can prove:
- is or becomes generally available to the public;
- was in its possession or known by it prior to receipt from the other party;
- was rightfully disclosed to it without restriction by a third party;
- was independently developed without use of any Proprietary Information owned by the other party; or
- is required to be disclosed by law
You will own all right, title and interest in and to your data.
No rights or licenses are granted except as expressly set forth herein.
We own and retain all right, title and interest in and to (a) the Site, Services and Platform, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with our Site, Services or support or the Platform, and (c) all intellectual property rights related to any of the foregoing, including but not limited to all text, published material, document creation “flow”, sound, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, and “look and feel” of the Site, Platform and any related Services. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You will own all right, title and interest in and to your personal data and Confidential Information.
No rights or licenses are granted except as expressly set forth herein.
During your Greenspark subscription we grant you limited, exclusive, non-transferrable virtual emissions quotas. The virtual emissions quotas will always correspond to actual quotas acquired by Greenspark that will be deleted from the market and made unavailable to all third-parties. The same applies where you buy separate virtual quotas outside of your subscription, such as when “adding impact”. Unless specifically stated by us, the origin of the actual emission quotas may vary from time to time and may be affected by a variety of factors such as your location and/or availability of emissions quotas. We strive to at all times acquire generally accepted emissions trading solutions, emissions quotas or certified emissions reductions as provided by regional or national states, international organisations and similar (for example: UN, EU, Plastic Bank, Gold Standard, other recognised NGOs). We warrant that the origin of the quotas is certified and/or provided by such entities and/or the market/platforms provided by them and such information is made available on our Site, Platform or can be requested by you via email our chat support feature. We will balance the amount of CO2 and Plastic reductions achieved by acquiring quotas with the amount of virtual emissions reductions in order to secure that the number of quotas corresponds to the number of virtual emissions reductions. The total amount of CO2 offset, plastic rescued or trees planted will always be balanced and made publicly available.
Payment of Fees
5.1 General payment information
You will pay us the fees together with any VAT described for each Service you subscribe for or purchase in accordance with these Terms (the “Fees”). Full details on our pricing page can be found here.
We reserve the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Service Term (defined below) or then‑current renewal term upon prior notice to you, which may be sent by email.
For subscriptions or purchases made on the Site/Platform, payment is due on the terms applicable to that subscription or purchase as displayed at the point of purchase. For purchases that are invoiced by Greenspark, payment is due on the invoice date. Unpaid amounts may result in termination of Service.
You will be responsible for all taxes associated with your use of Services that are attributable or due by you. If an applicable tax authority requires us to pay any taxes that should have been payable by you, we will advise you in writing, and you will promptly reimburse us for the amounts paid.
5.2 Additional fees
If your use of the Services requires the payment of additional fees, you agree to pay the additional fees in the manner provided herein. This may happen where you, for example but not limited to, “add impact” to your dashboard.
Except as otherwise provided, payment for invoices is due within 30 days of your receipt of the applicable invoice.
If payment is not received by the due date, we reserve the right to, in addition to taking any other action at law or equity, to (i) charge interest on past due amounts at the rate set by The Late Payment of Commercial Debts (Interest) Act 1998 and to charge all expenses of recovery (including reasonable legal fees), (ii) suspend your access to the Services until overdue amounts are paid in full, including any interest assessed on the overdue amounts, and (iii) terminate our agreement.
5.4 Subscription Services
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly or yearly basis. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Greenspark cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team. A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Greenspark with accurate and complete billing information including full name, address, state, post code, telephone number, valid payment method information and where applicable a valid VAT number. By submitting such payment information, you automatically authorise Greenspark to charge all Subscription fees incurred through your account to this payment instrument. Should automatic billing fail to occur for any reason, Greenspark will issue an electronic invoice indicating that you must process manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
5.5 One-off Products
Some products, such as our “add impact” packages are purchased on a one-off basis. Once purchased, that product will automatically be added to your dashboard for as long as you have a valid subscription to the relevant subscription package that the product relates to.
Paragraphs 5.3-5.5 are subject to any promotional offers we may make from time to time. For example, we may be inclined to offer discounted Fees for our subscription products. If we do that, we reserve the right to start charging you Fees at the standard non-promotional advertised price on our Site after the promotional period ends.
Except when required by law, paid Subscription fees are non-refundable. If you cancel your subscription, it will continue until the end of the current billing cycle. If you decide to downgrade your subscription during a billing cycle, you will automatically be issued pro-rated credits, which will be applied to your following billing cycle.
5.8 Incorrect bills
If you believe that we have billed you incorrectly you must contact us no later than 7 days after the invoice in which the error or problem appeared. Inquiries should be directed to our customer support department using email or our chat support feature.
5.9 Service levels & support
Greenspark will provide support and availability for the Services in accordance with Annex A, which may be updated from time to time; with the proviso that any such update will not significantly reduce the level of support offered by Greenspark for the Services. Greenspark reserves the right to temporarily suspend your access to and use of the Services without advance notice, in certain circumstances, such as: (a) during planned downtime for upgrades and maintenance to the Services (of which Greenspark will use commercially reasonable efforts to notify you in advance through notice to your account owners and Authorised Users); (b) during any unavailability caused by circumstances beyond our reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, technical failures beyond our reasonable control (including, without limitation, inability to access the Internet), or acts undertaken by third parties, including without limitation, distributed denial of service attacks; (c) if we suspect or detect any malicious software connected to your account; or (d) if Greenspark suspects any breaches of the restrictions set forth in Section 7.3, including without limitation by Authorised Users, in addition to any other remedies that Greenspark may have at law or equity. We will use commercially reasonable efforts to schedule planned downtime for weekends (Central European Time time zone) and other off-peak hours.
Term and Termination
6.1 Term of agreement
Subject to earlier termination as provided below, our agreement under these Terms is for the Service Term specified in the plan you signed up for. Upon expiry, the plan may auto-renew (if applicable) or you may sign up for additional Services as made available on the Site and the Platform at that time.
6.2 Termination rights
In addition to any other remedy, either party may also terminate our agreement under these Terms upon thirty (30) days’ notice. For any material breaches of these Terms, we may terminate our agreement with you with immediate effect. You will pay in full for the Services that you contracted for. Upon any termination, your documents and data will be stored by us for a reasonable amount of time following non-renewal of your subscription so that you can continue where you left off once you choose to re-subscribe, but we do not guarantee that we will store this data forever and will not be held responsible or assume any liability for it’s deletion.
Some of the terms in our agreement will continue to be enforceable, even after termination including, without limitation, the right to be paid, confidentiality obligations, warranty disclaimers, and limitations of liability.
6.3 Effect of choosing to cancel your subscription service term
If you choose to cancel your subscriptions, your dashboard will stop updating and we will stop offsetting on your behalf. Your data will be stored by us for a reasonable amount of time following non-renewal of your subscription so that you can continue where you left off once you choose to re-subscribe, but we do not guarantee that we will store this data forever and will not be held responsible or assume any liability for it’s deletion.
Representations & Warranties
By entering into an agreement under these Terms on behalf of a company or other legal entity, you represent that you have the appropriate authority to bind such entity and its affiliates to these Terms. In which case the terms “you”, “your” and “user” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with the Terms, you must not accept any agreement under these Terms and may not use the Site, the Platform or our Services.
7.2 Appropriate use
You confirm that:
- you are over 18 years of age;
- are only using the Site and the Platform for your own personal use or as a person with appropriate authority on behalf of a person(s), company or other legal entity;
- that you comply with all applicable laws, rules, regulations and court orders; and
- that you adhere to all our published policies then in effect
Should you not be able to confirm the above you must stop using the Site, the Platform and our Services immediately.
You warrant that you will not, directly or indirectly:
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”);
- modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by us or authorized within the Services);
- use the Services or any Software for time-sharing or service bureau purposes or otherwise for the benefit of a third party;
- introduce or permit the introduction of any virus into our IT systems;
- access all or any part of our Platform or Services in order to build a product or service which competes with us; or
- remove any proprietary notices or labels.
- Use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors;
- Use or modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text, without explicit written approval from us prior.
- Violate any copyrights, and other proprietary or intellectual property rights in this Site;
- Engage in any “data mining,” “deep-link,” “page-scrape,” or use “bots/spiders” or similar data gathering and extraction tools or methods in connection with this Site;
- Decompile, reverse engineer, disassemble, lease, sell, distribute, or reproduce this Site;
- Transmit, post, or otherwise make available: (a) content that is unlawful, false, inaccurate, harmful, obscene, or otherwise objectionable, including but not limited to any content that infringes on any intellectual property right or proprietary right; (b) viruses, Trojan horses or other harmful programs or material; or (c) not use any device, software or routine to interfere with the proper working of the Site, (d) advertising or promotional materials, “spam,” or any other form of solicitation;
- Misrepresent your affiliation with or impersonate any person or entity;
- Interfere with or disrupt this Site, including imposing an unreasonable or disproportionately large load on the infrastructure of the Site, or attempt to circumvent this Site’s security features;
- Remove or modify any copyright notices, other proprietary notices, or references to these Terms on this Site;
- Misrepresent the Site, or misinform others about the origin or ownership of the Site; and
- Probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or other authentication measures on the Site or any network connected to the Site
7.4 Our indemnity to you
We will indemnify you and hold you harmless against any claims by third parties resulting from any alleged infringement by the Service of any UK patent or misappropriation of any trade secret, provided we are promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defence and/or settlement; We will not be responsible for any settlement we do not approve in writing.
The foregoing obligations do not apply with respect to portions or components of the Service (i) not supplied by us, (ii) made in whole or in part in accordance with your specifications, (iii) that are modified after delivery by us, (iv) combined with other products, processes or materials where the alleged infringement relates to such combination, (v) where we continue allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) where your use of the Service is not strictly in accordance with these Terms.
If, due to a claim of infringement, the Services are held by a court of competent jurisdiction to be or are believed by us to be infringing, we may, at our option and expense (a) replace or modify the Service to be non-infringing, provided that such modification or replacement contains substantially similar features and functionality, (b) obtain for you a license to continue using the Service, or (c) if neither of the foregoing is commercially practicable, terminate our agreement under these Terms and your rights hereunder and provide you a refund of any prepaid, unused fees for the Service.
7.6 Your indemnity to us
You hereby agree to indemnify and hold us harmless against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action howsoever arising as a result of an alleged violation of these Terms or otherwise from a User’s use of the Services.
Disclaimers & Limitation of Liability
8.1 Limitation of liability
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our team and for fraud or fraudulent misrepresentation.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, WE AND OUR OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES WILL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY:
(A) FOR USE OF THE SITE, PLATFORM, SERVICES OR FOR ERROR OR INTERRUPTION OF USE OF THE SITE, THE PLATFORM OR SERVICES
(B) FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS;
(C) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES;
(D) FOR ANY MATTER BEYOND OUR REASONABLE CONTROL; OR
(E) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY YOU TO US FOR THE SERVICES UNDER THESE TERMS IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.2 Allocation of Risk
These Terms fairly allocate the risks between us, on the one hand, and you on the other. You acknowledge and agree that the pricing of our Services reflects this allocation of risk and the limitation of liability specified herein and that we would not enter into this agreement without such allocation and limitation.
8.3 Cannot guarantee uninterrupted service
Whilst we do not guarantee that our Site, Platform or any Services available through it will always be available or be uninterrupted or error free, we will use reasonable efforts consistent with prevailing industry standards to maintain the Site and the Platform in a manner which minimises errors and interruptions in the Site, the Platform and our Services. We will perform Site and Platform updates in a professional and workmanlike manner. The Platform may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance or because of other causes beyond our reasonable control, but we will use reasonable efforts to communicate this via, but not inclusive or limited to, social media channels or on our Site, and we will aim to provide (where possible) an estimated time by which the Platform and Site will resume their normal service.
8.4 Disclaimer of warranties
EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USE OF TRADE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. OUR SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. WE SHALL HAVE NO RESPONSIBILITY FOR DETERMINING THAT YOUR PROPOSED USE OF OUR SITE, PLATFORM OR SERVICES COMPLIES WITH APPLICABLE LAWS AND REGULATIONS IN YOUR JURISDICTION(S). YOU ACKNOWLEDGE AND AGREE, THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, PROVIDED BY US WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT.
You agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and may cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity. The failure by us to enforce any provision in these Terms will not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
If any reference in these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
Our agreement under these Terms is not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer and assign any of our rights and obligations under these Terms without consent. Our agreement under these Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all waivers and modifications must be provided in writing by us, except as otherwise provided herein.
No agency, partnership, joint venture, or employment is created as a result of our agreement under these Terms and you do not have any authority of any kind to bind us in any respect whatsoever. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and legal fees.
All notices under these Terms will be deemed to have been duly given when received, or if transmitted by email, the day after it is sent.
Our agreement under these Terms will be governed by the laws of England and Wales and we both agree to the exclusive jurisdiction of the courts of England and Wales.
Conscious Ventures Ltd
Company number: 13189124
Registered Office: 139 Middle Deal Road, Deal, England, CT14 9RJ
General Service Level Support Terms
1. Up-Time and Reliability
Greenspark will use reasonable commercial efforts with the intent that the Services will be available and operational to the Customer for 99.9% of all Scheduled Availability Time. “Scheduled Availability Time” shall be defined as twenty-four (24) hours a day, seven (7) days a week, excluding: (i) scheduled maintenance downtime; (ii) maintenance downtime for specific critical Service issues; and (iii) any downtime due to defects caused by the Customer, one of its vendors, third party connections, utilities, or caused by other forces beyond the control of Greenspark (such as internet outages or outages with respect to the Customer’s network or internet access). Greenspark shall use reasonable efforts to provide advance notice in writing or by email of any scheduled service disruption.
If the Customer is eligible for service credits, the Customer must submit a ticket via email to firstname.lastname@example.org within 30 days of the month in which the unexcused downtime occurred. The ticket must include (i) “SLA Claim” as the subject of the ticket, (ii) the dates and times of the unexcused downtime for which the Customer is requesting credit, and (iii) any applicable supporting documentation for the claimed unexcused downtime. If Greenspark approves the ticket, the service credits will be issued to the Customer’s account balance to be applied to the Customer’s next invoice only. No refunds or cash value will be provided. Service credits may not be transferred or applied to any other account.
Greenspark will make available to the Customer as part of the Services, all generally available enhancements, updates and bug fixes to the Services.
Greenspark is available to receive product support inquiries via email or the Greenspark website 24 hours per day. Service Provider Standard Support Hours are 07:30 to 17:30 Central European Time Monday through Friday for technical information, technical advice and technical consultation regarding the Customer’s use of the Services.
4. Customer Support List
The Customer shall provide to Greenspark, and keep current, a list of designated contacts and contact information (the “Support List”) for Greenspark to contact for support services. Such Support List shall include (i) the first person to contact for the answer or assistance desired, and (ii) the persons in successively more responsible or qualified positions to provide the answer or assistance desired.
5. Response Time
Greenspark's incident response time is within 48 hours.
Subject to the exceptions below, if the availability is less than 99.9%, the Customer is entitled to service credits in accordance with the following schedule, with the credit being calculated on the basis of the pro rata monthly charge for the affected services:
Availability -> Credit Percentage
- 99.9 to 100% -> 0%
- 99.8% to 99.89% -> 5%
- 99.7% to 99.79% -> 10%
- 99.6% to 99.69% -> 15%
- 99.5% to 99.59% -> 20%
- 99.4% to 99.49% -> 25%
- 99.3% to 99.39% -> 30%
- 99.2% to 99.29% -> 35%
- 99.1% to 99.19% -> 40%
- 99% to 99.09% -> 45%
- 90% to 98.99% -> 50%
- 89.9% or below -> 100%
The Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Server Availability caused by or associated with:
- circumstances beyond Greenspark's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, earthquake, hurricane or other acts of God, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, e-commerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
- scheduled maintenance and emergency maintenance and upgrades;
- DNS issues outside the direct control of Greenspark;
- false SLA breaches reported as a result of outages or errors of any Greenspark measurement system;
- the Customer’s acts or omissions (or acts or omissions of others engaged or authorised by the customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of this Agreement
- DNS (Domain Name Server) Propagation; and
- outages elsewhere on the Internet that hinder access to the Customer's account.
Notwithstanding anything to the contrary herein, the total amount credited to the Customer in a particular month under this SLA shall not exceed the total fee paid by the Customer for such month for the affected services. Credits are exclusive of any applicable taxes charged to customer or collected by Greenspark and are the Customer's sole and exclusive remedy with respect to any failure or deficiency in Availability.