Unless otherwise defined in this Service Level Agreement for Cloud Services (“SLA”), capitalized terms will have the meaning given to them in the Agreement. This SLA is offered to all Customers that purchase Covered Services (as defined below). For the avoidance of doubt, Customer’s access and use of a Covered Service will provide Customer the benefits and rights under this SLA at any time during the applicable Term (as defined below). Aviatrix reserves the right to revise this SLA by posting a revised version at this web address, which will be effective on the start date of a Covered Service’s renewal Subscription Term.
1. DEFINITIONS
“Covered Service” means a commercial instance of Aviatrix’s Cloud Service(s), which is comprised of the subscription-based online service that has been provisioned and is controlled by Aviatrix and purchased by Customer. Cloud Service(s) are covered by this SLA unless Aviatrix states in the Product Specific Terms that the Cloud Service is not a Covered Service.
“Credit” means 1% of the Monthly Subscription Fees for the affected Covered Service for each 1% below the System Availability SLA, not to exceed 50% of the fees paid by the Customer for the relevant Month for the affected Covered Service.
“Downtime” means the Total Minutes in the Month during which the production version of the Cloud Service is not available, except for Excluded Downtimes.
“Excluded Downtime” means the Total Minutes in the Month attributable to a Maintenance Window; or any Major Upgrade Window for which the Customer has been notified at least 5 business days in advance; or unavailability caused by factors outside of Aviatrix’s reasonable control, such as unpredictable and unforeseeable events or emergency security patches that could not have been avoided even if reasonable care had been exercised.
“Maintenance Window” means the weekly maintenance windows for the Cloud Service identified on the Aviatrix support site, if any. Aviatrix may have no Maintenance Window applicable to a specific Covered Services. Aviatrix may update the Maintenance Window from time to time in accordance with the Agreement.
“Major Upgrade Window” means the extended upgrade maintenance windows for the Cloud Service identified on the Aviatrix Support site. Aviatrix may update the Major Upgrade Window from time to time in accordance with the Agreement.
“Month” means a calendar month.
“Monthly Subscription Fees” means the monthly (or 1/12 of the annual fee) subscription fees paid for the Covered Services which did not meet the System Availability SLA.
“System Availability Percentage” is calculated and defined as follows: (Total Minutes in the Month− Excluded Downtime – Downtime)/Total Minutes in the Month − Excluded Downtime) * 100
“System Availability SLA” means a 99.9% System Availability Percentage during each Month for the production version of the Cloud Service.
“Total Minutes in the Month” are measured 24 hours per day for each day of the Month.
2. SYSTEM AVAILABILITY SLA AND CREDITS.
If Aviatrix fails to meet the System Availability SLA for a particular Month, Customer may claim a Credit, which Customer may apply to a future invoice for the Cloud Service that did not meet the System Availability SLA. Claims for a Credit must be made in good faith and through a documented submission of a support case within 30 business days after the end of the relevant Month in which Aviatrix did not meet the System Availability SLA for the Covered Service.
3. SOLE REMEDY.
Credits represent Customer’s sole remedy, and Aviatrix’s sole liability, under this SLA for any failure to meet the System Availability SLA with respect to the Covered Service. If Customer receives relief or remedy from Aviatrix independent from this SLA with respect to a System Availability SLA issue, Customer will not be entitled to request or receive Credits under this SLA with respect to such issue.
4. CHANGES TO WINDOWS.
Aviatrix shall provide Customer 1 month’s advance notice before changing its Maintenance and Major Upgrade Windows (unless such change is a reduction in the duration of the applicable Maintenance or Major Upgrade Windows).