This Service Level Addendum describes the Hosted Services availability commitment and corresponding remedies made available to purchasers of Subscriptions pursuant to the Agreement. This Service Level Commitment forms an integral part of, and is incorporated by reference into, the Agreement. Capitalized terms used herein without definition have the meaning as set forth in the Agreement.
1. Commitment. StormForge shall use commercially reasonable efforts to make the Hosted Services Available to Customer 99.5% of the time for each calendar month during the Term of Customer’s Subscription (the “Availability Commitment”). As used in this Exhibit B, “Available” means that the Hosted Services for which Customer has purchased an Subscription are powered on and responding to network messages, as measured by StormForge.
2. Excused Downtime. As used in this Exhibit B, “Excused Downtime” means any period during which the Hosted Services are not Available where such failure results from (a) Scheduled Maintenance; (b) downtime or degradation due to a Force Majeure Event; (c) downtime or degradation due to any unscheduled or emergency maintenance necessary to address a Force Majeure Event or a risk to the security or integrity of the Hosted Services or any customer’s data processed therein; (d) any other circumstances beyond StormForge’s reasonable control, including Customer’s or any User’s use of third party materials, misuse of the Hosted Services, or use of the Hosted Services other than in compliance with the express terms of this Agreement and all applicable documentation and specifications; or (e) any suspension or termination of Customer’s or any Users’ access to or use of the Hosted Services as permitted by this Agreement. As used in this Exhibit B, “Scheduled Maintenance” means maintenance for which StormForge posts a written notice of such maintenance to StormForge’s or the Hosted Services’ website at least 48 hours prior to the beginning of such maintenance.
3. Credits. If both (a) the Availability Commitment set forth in Section 1 of this Exhibit B is not met (excluding any Excused Downtime), and (b) Customer attempted to access and use the Hosted Services during such period as recorded by StormForge’s logs, then as its sole and exclusive remedy Customer may receive from StormForge a credit towards a future month’s Subscription Fees. The credit amount shall be:
Time Available during the calendar month (excluding any Excused Downtime) | Credit (as % of monthly Subscription Fees) |
<99.5% and >=97.0% | 3% |
<97.0% and >=95.0% | 5% |
<95.0% | 10% |
4. Process for Claims. In order to claim a credit, Customer must provide written notice thereof to StormForge within 10 business days following the claimed failure to meet the Availability Commitment. StormForge will review such notice and, if StormForge determines that the credit is warranted, StormForge will issue the credit to Customer as a decrease in fees due for Customer’s next recurring payment for Hosted Services. The credit amount shall be a percentage (as specified above) of monthly Subscription Fees for the affected Hosted Services. If Customer pays for Hosted Services on an annual basis, then the credit amount shall be the above percentage applied to one-twelfth (1/12) of the next annual payment. Credits are only available as a decrease in future payments for Hosted Services, and in no event will StormForge issue refunds relating thereto.
5. Exclusive Remedy. The credits set forth in Section 3 of this Exhibit B are Customer’s sole and exclusive remedy for any unavailability of the Hosted Services. StormForge shall have no liability for unavailability of the Hosted Services other than credits issued in accordance with the procedure set forth above.
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