1. Service Level Agreement (SLA)
During the term of the agreement under which Cubbit has agreed to provide the Services to Customer, Cubbit will use commercially reasonable efforts to provide the following SLA:
Customer acknowledges and agrees that the Services may not be available during the time required for scheduled maintenance, as well as extraordinary or emergency maintenance. Cubbit will, at its sole discretion, provide Customer with at least 48 hours notice via the email address provided by Customer and/or through other appropriate means, where possible. Cubbit strives to minimize actual outages and to schedule maintenance activities at times that may possibly cause the least impact on Customer operations.
3. Service Credits
As the sole and exclusive remedy in the event of a violation of the SLA, Cubbit shall indemnify Customer with a compensation credit determined as follows ("Service Credit"):
Service Credits will be issued by Cubbit to the Client and will be addressed as follows:
In order to receive any Service Credit, Customer must notify Cubbit technical support at the following email address: email@example.com within 10 (ten) days after the end of the month in which the non-compliance occurred.
4. SLA Exclusions
Cubbit's obligations under the SLA do not apply when the downtime of the Services is caused by: i) Force Majeure, i.e., events and circumstances which are objectively beyond Cubbit's reasonable control; ii) any hardware or software used by Customer in connection with the Services, not provided by Cubbit; iii) misuse of the Services, including use in violation of the Contract or use not in accordance with any content or Documentation or other instructions provided by Cubbit; iv) maintenance activities within the following limits: (a) one scheduled maintenance task each quarter, having a duration not exceeding four (4) hours each; (b) two unscheduled maintenance tasks per year, having a total duration not exceeding eight (8) hours per year.
Cubbit reserves the right to change or replace this SLA during the term of the Contract for the provision of the Services. Changes made to the SLA will come into effect from the date of their publication on Cubbit's website. In such a case, the Customer is entitled to terminate the Contract within thirty days from the publication of the change and/or replacement of the SLA. In the event of termination by the Customer, the provisions of the Contract shall apply.
Monthly Uptime Percentage: is calculated by subtracting from 100% the average of Error Rates measured over each five-minute period during the billing month.
Error Rate: is calculated as follows: (i) the total number of internal server errors returned by the Cubbit DS3 Service with the error status "Internal Error" or "Service Unavailable" divided by (ii) the total number of requests for the applicable request type during that five-minute interval. The Error Rate will be calculated as a percentage for each 5-minute interval in the monthly billing cycle for each Cubbit DS3 Service account. The calculation of the number of internal server errors will not include errors that arise directly or indirectly as a result of any exclusion provided for in this SLA.