During the Term of the agreement under which SailPlan has agreed to provide SailPlan Cloud to Customer (as applicable, the “Agreement”), the respective Covered Service will provide a Monthly Uptime Percentage to Customer as follows (each, a “Service Level Objective” or “SLO”):
| Covered Service | Monthly Uptime Percentage |
|---|---|
| SailPlan Cloud (Standard edition) | >= 99.9% |
Definitions
The following definitions apply to the SLA:
- “Covered Service” means SailPlan Cloud.
- “Downtime” means more than a ten percent Error Rate. Downtime is measured based on server side Error Rate.
- “Downtime Period” means a period of one or more consecutive minutes of Downtime. Partial minutes will not be counted towards any Downtime Periods.
- “Error Rate” means the number of Valid Requests that result in a response with an HTTP Status in the 500 range divided by the total number of Valid Requests during that period, subject to a minimum of 20 Valid Requests in the measurement period. Repeated identical requests do not count towards the Error Rate.
- “Financial Credit” means the following for SailPlan Cloud (Standard edition):
| Monthly Uptime Percentage | Percentage of monthly bill for the respective Covered Service that does not meet SLO that will be credited to future monthly bills of Customer |
|---|---|
| 99.0% – < 99.9% | 10% |
| 95.0% – < 99.0% | 25% |
| < 95.0% | 50% |
- “Monthly Uptime Percentage” means total number of minutes in a month, minus the number of minutes of Downtime suffered from all Downtime Periods in a month, divided by the total number of minutes in a month.
- “Valid Requests” are requests that conform to the Documentation, and that would normally result in a non-error response.
Customer Must Request Financial Credit
In order to receive any of the Financial Credits described above, Customer must notify SailPlan technical support within 30 days from the time Customer becomes eligible to receive a Financial Credit. If Customer does not comply with these requirements, Customer will forfeit its right to receive a Financial Credit.
Maximum Financial Credit
The aggregate maximum number of Financial Credits to be issued by SailPlan to Customer for any and all Downtime Periods that occur in a single billing month will not exceed 50% of the amount due by Customer for the applicable Covered Service for the applicable month. Financial Credits will be made in the form of a monetary credit applied to future use of the Service and will be applied within 60 days after the Financial Credit was requested.
SLA Exclusions
The SLA does not apply to any (a) features or Services designated pre-general availability (unless otherwise stated in the associated Documentation); (b) features or Services excluded from the SLA (in the associated Documentation); or (c) errors (i) caused by factors outside of SailPlan’s reasonable control; (ii) that resulted from Customer’s connectivity, software or hardware or third party software or hardware, or both; (iii) that resulted from abuses or other behaviors that violate the Agreement; or (iv) that resulted from quotas listed in the Documentation or relevant order forms.