Cloud and SaaS Service Level Agreement

 

Updated: November 01, 2016

During the Term of the License Agreement, the Covered Service will provide a Monthly Uptime Percentage to Customer of at least 99.95% (the "Service Level Objective" or "SLO"). If O3, Inc. does not meet the SLO, and if Customer meets its obligations under this SLA, Customer will be eligible to receive the Financial Credits described below. This SLA states Customer's sole and exclusive remedy for any failure by O3, Inc. to meet the SLO. Capitalized terms used in this SLA, but not defined in this SLA, have the meaning set forth in the Agreement.

Definitions. The following definitions apply to O3, Inc.'s Cloud and SaaS SLA:

Monthly Uptime Percentage

 

Percentage of monthly bill for Covered Service which does not meet SLO that will be credited to future monthly bills of Customer:

99.90% – 99.01% = 5%

99.00% – 95.01% = 7.5%

                 < 95.00% = 15%           

  • "Covered Service" means the components of the Service listed in your executed electronic agreement.

  • "Downtime" means more than a ten percent Error Rate.

  • "Downtime Period" means, for an Application, a period of five consecutive minutes of Downtime. Intermittent Downtime for a period of less than five minutes will not be counted towards any Downtime Periods.

  • "Financial Credit" see section below.

  • "Monthly Uptime Percentage" means total number of minutes in a month, minus the number of minutes of Downtime suffered from all Downtime Periods in a month, divided by the total number of minutes in a month.

Financial Credit.

 

In order to receive any of the Financial Credits described above, Customer must notify O3, Inc. within thirty days from the time Customer becomes eligible to receive a Financial Credit. Failure to comply with this requirement will forfeit Customer’s right to receive a Financial Credit.

The aggregate maximum number of Financial Credits to be issued by O3, Inc. to Customer for any and all Downtime Periods that occur in a single billing period will not exceed 25% of the amount due by Customer for the use of the Covered Service for the applicable time period. Financial Credits will be made in the form of a monetary credit applied to future use of the Service and will be applied within 60 days after the Financial Credit was requested.

SLA Exclusions.

 

The SLA does not apply to any: (a) features designated Alpha or Beta (unless otherwise set forth in the associated Documentation), (b) features excluded from the SLA (in the associated Documentation), or (c) errors: (i) caused by factors outside of O3, Inc.'s reasonable control; (ii) that resulted from third party services, software, or hardware, or both; (iii) that resulted from abuses or other behaviors that violate the Agreement.