1. Service Commitment
EXZATECH will use commercially reasonable efforts to keep EXZATECH Cloud Service operational and available to the Subscriber with a Monthly Uptime Percentage (defined below) of at least 99.9%. In the event EXZATECH does not meet the Monthly Uptime Percentage commitment, Subscriber will be eligible to receive a Service Credit as described below.2. Definitions
- “Hosted Software” - the software and APIs being hosted as part of the EXZATECH Cloud Service.
- “Minute of Unavailability” - a full minute in which all requests to the Hosted Software failed.
- “Monthly Charges” - monthly prorated EXZATECH Cloud Service charges pursuant to the pricing plan selected when subscribing to the EXZATECH Cloud Service.
- “Monthly Uptime Percentage” - 100% minus the percentage of minutes during the calendar month in which the Hosted Software was not available.
- “Scheduled Maintenance” - those times where EXZATECH notifies the Subscriber of periods of expected EXZATECH Cloud Service disruptions at least 5 days prior to the commencement of such service disruption, subject to a maximum of 5 hours in any month of a Monthly Uptime Percentage measurement period.
- “Service Credit” - a dollar credit, calculated as set forth below, that EXZATECH may apply to the Subscriber.
Subscriber is eligible for credits when the Monthly Uptime Percentage drops below 99.9%
- From 99.0% to 99.9%: 10% of Monthly Charges
- From 95.0% to 99.0%: 30% of Monthly Charges
- From 90.0% up to 95.0%: 50% of Monthly Charges
- From 0% up to 90.0%: 100% of Monthly Charges
EXZATECH shall apply the Service Credits against the Monthly Charges otherwise due from Subscriber. Service Credits shall not entitle you to any refund or other payment from EXZATECH. Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Agreement, Subscriber's sole and exclusive remedy for any unavailability or non-performance of the EXZATECH Cloud Service or other failure by EXZATECH to provide the EXZATECH Cloud Service.4. Dispute Procedures
EXZATECH will proactively monitor and include any entitlement by Subscriber for Service Credits in each monthly statement and shall apply any approved Service Credits to the next monthly billing cycle. Subscriber may dispute the credit entitlement within 15 days of receiving the monthly statement, by submitting anonymized logs showing the time and date of additional outages. EXZATECH shall apply or reject the claim within 15 days of claim receipt.5. Exzatech Cloud SLA - Exclusions
The Service Commitment does not apply to any unavailability, suspension or termination of EXZATECH Cloud Service, or any other EXZATECH Cloud Service performance issues:
- that occur during periods of Scheduled Maintenance
- that result solely from errors or excessive latency of Subscriber or third-party applications or systems not within the reasonable control of EXZATECH
- that result solely from Subscriber’s or third party hardware, software, or services (for example, third-party services deployed or integrated with the Hosted Software installation) not within the reasonable control of EXZATECH
- that are caused by factors outside of EXZATECH’s reasonable control, including AWS outages, or any Force Majeure Event
- that result solely from errors in Subscriber’s code and configuration deployed within EXZATECH Cloud Service at Subscriber’s request
- that result from Subscriber’s use of the EXZATECH Cloud Service after EXZATECH advised Subscriber to modify its use of that service without adversely affecting Subscriber or any end user, if Subscriber did not modify its use as advised
- during previews such as technical previews or betas, not in commercial operation, as reasonably determined by EXZATECH
EXZATECH shall apply the Service Credits against the Monthly Charges otherwise due from Subscriber. Service Credits shall not entitle you to any refund or other payment from EXZATECH. Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Agreement, Subscriber's sole and exclusive remedy for any unavailability or non-performance of the EXZATECH Cloud Service or other failure by EXZATECH to provide the EXZATECH Cloud Service.
EXZATECH may make changes to this SLA from time to time. EXZATECH will make a new copy of the SLA available. Upon posting, these changes will become effective for new accounts. For pre-existing accounts, the changes will become effective upon written agreement by the Subscriber, or automatically 30 days after posting, or upon the first anniversary of Subscriber’s account creation, whichever is later.