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Service Level Addendum to Circonus Cloud Services Master Subscription Agreement
Effective December 2020
Service Availability
1. Coverage and Definitions
The term “Service Availability” is defined as the percentage of a particular month (based on 24 hour days in a designated month) that Circonus’ Cloud Service (the “Service”) is available for access. For purposes of this Service Level Addendum (“SLA”), the Service will be deemed “available” if Customer and its Authorized Users are able to access the Service, including Customer Data. However, the Service will not be considered “unavailable” (or “down”) if any of the exceptions described in subsection (c) below are responsible for the downtime.
2. Service Level
Circonus’ goal is to achieve 99.9% Service Availability. If in any month the Service Availability is less than 99.9%, Customer will be entitled to receive a credit in accordance with the following table, with the credit being calculated on the basis of the monthly subscription fee paid by customer to Circonus for the affected Service for the applicable month (annual subscription fees shall be pro-rated to determine the applicable monthly subscription fee):
| Service Availability | Monthly Credit Percentage |
|---|---|
| 99.8% – 98.0% | 5% |
| 97.9% – 96.0% | 10% |
| 95.9% – 94.0% | 15% |
| 93.9% – 92.0% | 25% |
| Below 92% | 50% |
* Credits (if any) are not cumulative, i.e., Customer may only receive the fee associated with the single highest credit percentage in the applicable “Service Availability” row for the month at issue.
3. Exceptions
If the Service is not accessible or available to Customer in any month due to any of the following reasons, the associated downtime shall not factor into Service Availability (i.e., such downtime will be counted as time during which the Service is available for purposes of this SLA) and, similarly, customer shall not receive any credits under this SLA in connection with any failure or deficiency of Service Availability caused by or associated with any of the below exceptions:
- scheduled maintenance, upgrades and emergency maintenance;
- issues caused by or related to external applications or other third party technology or services, including external network or equipment problems;
- circumstances beyond the reasonable control of Circonus, including, without limitation, acts of God, natural disasters, severe weather, earthquakes, fire, flood, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers or inability to obtain technology, supplies, power or equipment needed for provision of this Service Availability;
- any DNS or Domain Registry issues outside the direct control of Circonus including DNS and Registry propagation issues and expiration;
- Customer’s breach of the Cloud Services Master Subscription Agreement or other acts or omissions of customer (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding against Circonus’API, any negligence, willful misconduct, or misuse of the Service or Customer’s account;
- outages elsewhere on the Internet, or problems arising in Customer’s applications, network, hardware or other components of its computing environment, that hinder: (a) Customer’s access to the Service; or (b) Circonus’ access to Customer’s computing environment. Circonus can only assume responsibility for those areas of the Internet that are under the control of Circonus or its third party hosting provider: its servers’ links to the Internet, its routers, and its servers themselves.
4. Process and Limitations
In order to be entitled to a credit in any instance to which a credit may be collected above, Customer must make a request for a credit in writing to [email protected] (a “Credit Request”) within twenty (20) days from the end of the month in which a Service Availability failure occurred. Failure to do so, in any instance, will forfeit customer’s right to seek a credit from Circonus for the failure to achieve the Service Availability threshold during the month at issue. Unless Circonus disputes in good faith that the applicable Service Availability was not met in the month at issue (such as where an exception under subsection (c) applies; in the event of any dispute, Circonus shall explain to customer the basis for its disagreement), Circonus will issue the appropriate credit to customer to be used against a future invoice. CUSTOMER’S RIGHT TO RECEIVE A CREDIT FOR A GIVEN MONTH SHALL BE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY IN CONNECTION WITH THE SERVICE AVAILABILITY FAILURE GIVING RISE TO THE CREDIT. For clarity, and in accordance with the table above, the maximum, aggregate value of credits to be issued by Circonus to customer for any and all instances of unavailability that occur in a single month will not exceed fifty percent (50%) of the applicable monthly subscription fees.
5. Updates
As our business evolves, Circonus may change this Service Level Addendum. Customers can review the most current version of the Service Level Addendum at any time by visiting this page.
5. MSA
This SLA is subject to the Cloud Services Master Subscription Agreement between Customer and Circonus.
