SailPlan Applications Service Level Agreement for SailPlan Hosted Deployments
During the Term of the agreement under which SailPlan has agreed to provide the Covered Services to Customer (as applicable, the “Agreement”), the Covered Services will be Available to Customer as described below (the “Service Level Objective” or “SLO”). Capitalized terms used in this SLA, but not defined in this SLA, have the meanings given to them in the Agreement.
SailPlan Applications: Each SailPlan Application will include a Service Level Objective as follows:
SailPlan Application
Monthly Uptime Percentage the Covered Service will be Available (SLO)
Standard
>= 99.5%
SLO Exclusions. The SLO does not apply to any of the following: (a) Customer’s environment or use of the Covered Services not consistent with the Documentation or as described in the Agreement, (b) Maintenance performed, including update/upgrade releases for the Services, (c) any unavailability caused by circumstances or events outside SailPlan’s reasonable control, including any force majeure event, internet access, Customer’s or any third party’s actions or inactions, equipment, software, or other technology, (d) Instances provisioned for development, staging or other non-production usage, or (e) a Suspension or remedial action described in the Agreement.
Availability. In the event the Covered Services do not meet the applicable SLO, and if Customer meets its obligations under this SLA, Customer will be eligible to receive a Service Credit. This SLA states Customer’s sole and exclusive remedy for any failure by SailPlan to meet the applicable SLO.
Service Credit Calculation. The Service Credit is calculated as a percentage of Customer’s Monthly Fee. Service Credits will apply only against future payments due from Customer. A Service Credit awarded in any calendar month shall not, under any circumstances, exceed the Monthly Fee paid by Customer.
Service Credit Request Requirement. Customer must provide all reasonable details regarding the claim, including but not limited to, a detailed description of the incident, the duration of the incident, the number of affected End Users, and any attempts made by Customer to resolve the incident. Customer must submit a request by completing the form in the SailPlan Support Portal by the end of the month following the month in which the incident occurred. If Customer is past due with respect to any payment or in default with respect to any material contractual obligations to SailPlan, then Customer is not eligible for any Service Credit under this SLA. SailPlan shall review and grant requests for Services Credits by using SailPlan system logs and other records, which shall be considered definitive.
SLA Definitions
“Available” means that the Covered Services can be accessed by End Users.
“Covered Services” means SailPlan Hosted Deployment Services.
“End User Fee” means the average number of users subscribed on the affected instance during the month in which the Covered Services did not meet the applicable SLO multiplied by the monthly per End User fee, as specified in the applicable Order Form.
“Maintenance” means maintenance work that is performed on hardware or software delivering the Services.
“Monthly Fee” means the Application Fee plus the End User Fee.
“Application Fee” means the total Application fee, as specified in the applicable Order Form, paid by Customer for the affected Instance divided by the total number of months in the Term.
“Service Credit” means the following for each of the respective SailPlan Applications: