Cloud Services SLA

< return to legal page

  1. Cloud Services Service Level Agreement

(a)   This Service Level Agreement (“SLA”) is a policy governing the use of the Cloud Services under the Service Terms of the Customer Agreement between Solid State Networks, LLC and its affiliates (“SSN”) and users of SSN’ services (“Customer”). This SLA applies separately to each account using the Cloud Services. Unless otherwise provided herein, this SLA is subject to the terms of the Agreement and capitalized terms will have the meaning specified in the Agreement. We reserve the right to change the terms of this SLA in accordance with the Agreement

  1. Service Level Commitment

(a) SSN will use commercially reasonable efforts to make the Cloud Services available with a Monthly Uptime Percentage (defined below) of at least 99.9% during any monthly billing cycle (the “Service Commitment”). In the event a Cloud Service does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

  1. Definitions

(a) “Error Rate” means: (i) the total number of errors divided by (ii) the total number of requests during that five-minute period. SSN will calculate the Error Rate for a Cloud Service account as a percentage for each five-minute period in a calendar month. The calculation of the number of failures will not include errors that arise directly or indirectly as a result of any of the SLA Exclusions (as defined below).

(b) “Service Availability” means the ability for end users of Customer’s end users to access the Cloud Service from a public route via the Internet.

(c) “Monthly Uptime Percentage” is calculated by subtracting from 100% the average of the Error Rates from each five-minute period during each month.

(d) “Service Credit” is a dollar credit, calculated as set forth below, that SSN may credit back to an eligible account.

  1. Service Credits

Service Credits are calculated as a percentage of the total charges paid by Customer for the Cloud Service in the for the month in which the error occurred in accordance with the schedule below.

Availability Service Credit Percentage
<99.9% but >/= 99% 10%
<99% 25%

 

SSN will apply any Service Credits only against future payments otherwise due. Service Credits will not entitle you to any refund or other payment from SSN.

To receive a Service Credit, you must submit a claim by opening a claim in the Support Portal. To be eligible, the credit request must be received by SSN by the end of the second month after which the incident occurred and must include:

(a)    the words “SLA Credit Request” in the subject line;

(b)   the dates and times of each incident of non-zero Error Rates that are claimed; and

(c)    Customer’s request logs that document the errors and corroborate the claimed outage.

If the Monthly Uptime Percentage applicable to the month of such request is confirmed by SSN and is less than 99.9%, then the Service Credit will be issued and applied to the next billing cycle. Submitting a request and other information as required above are required to qualify for Service Credits.

  1. Cloud Services SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of Cloud Service performance issues: (i) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of the Cloud Service; (ii) that result from any actions or inactions of you or any third party; (iii) that result from Customer or Customer’s end user’s equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within SSN’s direct control); (v) arising from our suspension and termination of your right to use Cloud Services in accordance with the Agreement; (vi) that result from exceeding usage limits of the Amazon Web Services API Gateway; or (vii) directly caused by service outages with the Amazon Web Services components of the Cloud Services. If availability is impacted by factors other than those used in our calculation of the Error Rate, then we may issue a Service Credit considering such factors at our discretion.

Solid State Networks | Cloud Services SLA | v.CSLA012019