Pursuant to the Terms of Service Innovative Scaling Technologies, Inc. (“InnoScale”), hereby provides Customer with the following Service Level Agreement (“SLA”). Unless otherwise defined herein all capitalized terms will have the meaning set forth in the Terms of Service. The Terms of Service are hereby incorporated by reference.
- 1. Service Level Commitment
InnoScale will use commercially reasonable efforts to ensure the availability of Service and will attempt to maintain ninety-nine point nine nine nine percent (99.999%) availability (“Service Availability”). InnoScale offers Customers a credit for Service Availability lapses in Service Availability as set forth in Section 2 below (“Performance Credit”). Service Availability is measured twenty-four (24) hours a day and seven (7) days a week in each calendar month:
2. Performance Credit
- 5% of Monthly Service fees – Credited for 99.99% to 99.998%
- 10% of Monthly Service fees – Credited for 99.9% to 99.98%
- 25% of Monthly Service fees – Credited below 99.9%
Notwithstanding the foregoing, in no calendar month will the credit exceed twenty-five percent (25%) of the monthly Service charge for the affected month.
3. Performance Credit Procedure
Customer must submit a written Performance Credit request to InnoScale within ten (10) business days of the applicable lapse in Service Availability. Customer’s Performance Credit request must contain Customer’s account number, the dates and times of the lapse in Service Availability, and other relevant identification required by InnoScale to validate Customer’s Performance Credit request. Performance Credit eligibility shall be determined in InnoScale’s sole discretion. If approved InnoScale will accordingly apply the applicable Performance Credit to Customer’s next monthly invoice.
- 4. Performance Credit Eligibility Exclusions:
- Outages caused by Customer-provided application software installed on InnoScale Servers.
- Outage caused by delay or interruption in telecommunications provided by 3rd party services, including Domain Name System propagation service.
- Outages caused by any event or condition not wholly within the control of InnoScale, including without limitation, acts of any governmental body, war, insurrection, or embargo.
- Outages during Customer scheduled or emergency maintenance events.
- Outages caused by negligence or willful misconduct of Customer or Customer’s customer(s).
- Outages caused by inability to obtain equipment or services needed for the provisioning of additional Services.
- Any excluded hardware and software as defined in the applicable agreement.
- A single-server (”development cloud” or single dedicated server).
- Customer misuse of Services.
5. Scheduled Maintenance
Services will be unavailable to during scheduled or emergency maintenance events. InnoScale will provide Customer with seventy-two (72) hours notice advance notice for scheduled maintenance events. Scheduled maintenance will be performed during off-peak hours (Sunday’s 6:00 p.m. through 6:00 a.m. Eastern Standard Time). InnoScale in its sole discretion will determine whether to provide Customer notification in an emergency maintenance situation. All maintenance notifications from InnoScale will be provided to Customer’s designated point of contact. Scheduled outages will not be counted in measuring Service Availability. Scheduled maintenance may vary based on Customer’s Service selections. InnoScale will work with Customer to accommodate Services that require non-standard schedule maintenance times.
6. Incident Report
Customer shall immediately notify InnoScale of Service unavailability at email@example.com and InnoScale Support will work with Customer to determine the cause for such unavailability and will use reasonable efforts to restore Services to Customer. Customer shall work with InnoScale to provide all necessary information to resolve any issues associated with restoration of Services.