SERVICE LEVEL AGREEMENT
Last Updated: May 24th, 2018
This service level agreement (this “Agreement”) sets forth Cloud4Wi’s obligations and our customers’ rights with respect to the performance of the Cloud4Wi Services. All terms used but not otherwise defined in this agreement have the meanings given to them in the Customer Terms of Service, available here.
1. DEFINITIONS
When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:
1.1 “Downtime” means if the Service is unavailable to Customer, as confirmed by both Customer and Cloud4Wi.
1.2 “Monthly Uptime Percentage” means the total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month.
1.3 “Service Credit” means the number of days that Cloud4Wi will add to the end of the Term, at no charge to Customer.
2. SERVICE LEVEL WARRANTY
During the Term, the Service will be operational and available to Customer at least 99.95% of the time in any calendar month (the “ Service Level Warranty”). If the Monthly Uptime Percentage does not meet the Service Level Warranty in any calendar month, and if Customer meets its obligations under this Agreement, then Customer will be eligible to receive Service Credit as follows:
|
Uptime |
Days Credited |
|
< 99.95% - ≥ 99.0% |
7 |
|
< 99.0% |
15 |
3. CUSTOMER MUST REQUEST SERVICE CREDIT
In order to receive any of the Service Credits described above, Customer must notify Cloud4Wi within 30 days from the time Customer becomes eligible to receive a Service Credit. Failure to comply with this requirement will forfeit Customer’s right to receive a Service Credit.
4. MAXIMUM SERVICE CREDIT
The aggregate maximum amount of Service Credit to be issued by Cloud4Wi to Customer for all Downtime that occurs in a single calendar month will not exceed 15 days. Service Credit may not be exchanged for, or converted into, monetary amounts.
5. EXCLUSIONS
The Service Level Warranty does not apply to any Service that expressly exclude this Service Level Warranty or any performance issues (i) caused by Force Majeure on the terms set forth in Section 16 of the Agreement, (ii) that resulted from Customer’s equipment or third-party equipment, or both (not within the primary control of Cloud4Wi), or (iii) that otherwise resulted from Customer’s violation of the Master Service Agreement.
6. EXCLUSIVE REMEDY
This Agreement states Customer’s sole and exclusive remedy for any failure by Cloud4Wi to meet the Service Level Warranty.