SERVICE LEVEL AGREEMENT FOR NITBY CLOUD SERVICES
1. Service Level Agreement
This Service Level Agreement for NITBY Cloud Services sets forth the System Availability Service Level Agreement (“SLA”) for the productive version of the applicable NITBY Cloud Services to which customer has subscribed (“NITBY Cloud Services”) in an Order with NITBY.
“Downtime” means the Total Minutes in the Month during which the productive version of the applicable NITBY Cloud Service is not available, except for Excluded Downtimes.
“Month” means a calendar month.
“Monthly Subscription Fees” means the monthly (or 1/12 of the annual fee) subscription fees paid for the Cloud Service which did not meet the System Availability SLA.
“Total Minutes in the Month” are measured 24 hours at 7 days a week during a Month. “UTC” means Coordinated Universal Time standard.
3. System Availability SLA and Credits
3.1 Claim process, Reports
Customer may claim a credit in the amount described in the table of Section 3.2 below in case of NITBY’s failure to meet the System Availability SLA, which credit Customer may apply to a future invoice relating to the NITBY Cloud Service that did not meet the System Availability SLA. Claims under this Service Level Agreement for NITBY Cloud Services must be made in good faith and by submitting a support case within thirty (30) business days after the end of the relevant Month in which NITBY did not meet the System Availability SLA. NITBY will provide to customers a monthly report describing the System Availability percentage for the applicable NITBY Cloud.
3.2 System Availability
System Availability percentage is calculated as follows:
System availability percentage = (Total minutes in the month -Downtime/Total minutes in the month)*100
System Availability SLA
99.5% System Availability percentage during each Month for productive versions
2% of Monthly Subscription Fees for each 1% below System Availability SLA, not to exceed 100% of Monthly Subscription Fees
Total Minutes in the Month attributable to: (i) a Scheduled Downtime for which a Regular Maintenance Window is described in Section 4 below, or (ii) any other Scheduled Downtime described in Section 4 for which the customer has been notified at least five (5) business days prior to such Scheduled Downtime or (iii) unavailability caused by factors outside of NITBY’s reasonable control, such as unpredictable and unforeseeable events that could not have been avoided even if reasonable care had been exercised.
Scheduled Downtime for the applicable NITBY Cloud Services to which customer has subscribed is set forth in Section 4 below entitled “Maintenance Windows for NITBY Cloud Services”.
4. Maintenance Windows for NITBY Cloud Services
NITBY can use the following maintenance windows for Scheduled Downtimes as listed below. Time zones refer to the location of the data center where the NITBY Cloud Service is hosted. NITBY will provide Customer reasonable notice without undue delay of any major upgrades or emergency maintenance to the NITBY Cloud Services.
Regular Maintenance Start Time in UTC
Major Upgrades Timeframe in UTC per region
Winter: SAT 10 pm UTC
Summer: SAT 9 pm – 1 pm UTC