This Service Level Agreement (“SLA”) only applies to the paid Services set forth in the Order Form where an SLA is included by reference and does not apply to any free trials. Capitalized terms used but not defined in this SLA will have the meaning assigned to them in the Agreement. If we do not meet the Target Uptime Percentage for the Service as described in this SLA, then you may be eligible for a credit towards a portion of your Monthly Platform Fees.
“Actual Uptime Percentage” means the percentage of the time during any calendar month that Cloud Meter and/or Billing Meter (excluding free trials) purchased in the Order Form are performing the respective billing and metering service taking into account any Excused Down Time.
“Excused Downtime” means any unavailability that: (i) occurs during an Excused Maintenance Period or (ii) is caused by: (A) your or your user’s telecommunications and Internet services, (B) software, service or hardware not provided and controlled by us or our suppliers (including third-party software, SDKs, APIs or sites that are accessed or linked through the Services), (C) factors outside our reasonable control (for example, natural disaster, war, acts of terrorism, riots, government action, or a network or device failure external to our data centers, including at your site or between your site and our data center); (D) suspension or termination of your right to use the Services in accordance with the terms of the Agreement; or (E) that result from your failure to adhere to any required configurations, use supported platforms, follow any policies for acceptable use, or your use of the Service in a manner inconsistent with the features and functionality of the Service or inconsistent with our published guidance.
“Excused Maintenance Period” means any downtime that Amberflo provides at least 48 hours prior notice.
“Monthly Platform Fees” means the monthly fees (or if invoiced on annual basis, 1/12 of the annual fees) actually paid by you for a Service that experienced a Service Level Failure, and it excludes any fees paid for any other Services.
“Target Uptime Percentage” means the percentage of the total time during a calendar month that we target to make the paid platform Services available for access: 99.9%.
2. Service Credits.
If Actual Uptime Percentage in any full calendar month is lower than the Target Uptime Percentage (a “Service Level Failure”), we will provide you with a “Service Credit” equal to 1% of the Monthly Platform Fees for each 1% that the Actual Uptime Percentage is lower than the Target Uptime Percentage (e.g., a 94.9% Actual Uptime Percentage with a promised 99.9% Target Uptime Percentage would result in a Service Credit equal to 5% of the Monthly Platform Fees).
3. Service Credits.
Once we have verified that you are entitled to a Service Credit, the appropriate Service Credit will only be applied to future payments that you owe to us. Service Credits do not entitle you to a refund or payment from us, are non-transferable, and are forfeited if you do not owe us future fees (e.g., non-renewal). Service Credits are your sole and exclusive remedy for any for any unavailability or non-performance of the Services. Service Credits apply only to fees paid for the Service that experienced the Service Level Failure.
4. Credit Request and Payment Procedures.
To receive a Service Credit, you must submit a request by sending an e-mail message to support@Amberflo.io. To be eligible, the Service Credit request must (i) include Your account information; (ii) include, in the body of the e-mail, the dates and times of each Service Level Failure; and (iii) be received by us within thirty (30) calendar days of the last reported Service Level Failure in the SLA claim. If the Service Level Failure is confirmed by us, then we will issue the Service Credit to you within one billing cycle following the month in which the request was made. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.