Introduction
We will use commercially reasonable efforts to ensure that the Covered Service is operational and available to the Customer at least 99% of the time in any calendar month (the “SLA”).
If the Covered Service does not meet this SLA in a given calendar month, and the Customer complies with its obligations under this Service Level Agreement, the Customer will be eligible to receive the Service Credits described below.
This SLA represents the Customer’s sole and exclusive remedy for any failure of the Covered Service to meet the agreed service levels.
Definitions
- “Covered Service” or “Service” means the PerformSpark performance management service. This does not include other services or APIs unless expressly included in the applicable customer agreement.
- “Downtime” means, subject to the exclusions set forth in this Service Level Agreement, any period during which the Customer is unable to access the Covered Service due to server-side errors or connectivity issues attributable to the Covered Service, as determined by service system logs and records.
- “Monthly Uptime Percentage” means the total number of minutes in a calendar month minus the number of minutes of Downtime in that month, divided by the total number of minutes in that month.
- A need to preserve data as part of an investigation, a legal process, or enforcement of rights
Customer Must Request Service Credit
In order to receive any of the Service Credits described above, the Customer must submit a written Service Credit request within ten (10) days from the time the Customer becomes eligible to receive a Service Credit.
Failure to comply with this requirement will result in forfeiture of the Customer’s right to receive a Service Credit.
Maximum Service Credit
The maximum aggregate Service Credit available under this SLA for all Downtime in a single calendar month will not exceed fifteen (15) days of Service added to the end of the Customer’s term.
For monthly billing customers, this may be issued as a monetary credit equivalent to fifteen (15) days of Service.
Scheduled and Unscheduled Maintenance
Any “Scheduled Maintenance” time does not count toward Downtime calculations.
Scheduled Maintenance includes any maintenance on the Covered Service that is communicated to the Customer at least two (2) full business days in advance. Such maintenance may last up to eight (8) hours per calendar month and is typically performed during non-business hours in the United States.
Notice will be provided to the Customer, and the Customer acknowledges that Scheduled Maintenance may occur every Thursday from 10:00 PM to 11:00 PM Eastern Time (ET) and Sunday from 10:00 PM to 12:00 AM (midnight) Eastern Time (ET).
Advance notice of any “Unscheduled Maintenance” will be provided when reasonably practicable. However, the Customer acknowledges that such maintenance may occur without prior notice.
Unscheduled Maintenance will be counted as Downtime only if it meets the definition of Downtime under this SLA.
SLA Exclusions
This SLA does not apply to any Downtime or other performance issues: (i) caused by a Force Majeure event or other factors outside the service provider’s reasonable control;
(ii) resulting from any act or omission of the Customer, including, but not limited to, the Customer’s negligence, breach of the Agreement, or failure to use the Covered Service in compliance with the applicable documentation;
(iii) that result from the Customer’s equipment or any third-party equipment, or both, that are not within the primary control of the service provider.
Updates/Notice
The current version of this Service Level Agreement is available within the application.
This agreement may be updated from time to time, with at least thirty (30) days’ advance notice to the Customer.
Notice may be provided to an administrator designated on the Customer’s account either:
(a) within the application after login, or
(b) via email to the registered administrator email address.
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