Effective Date: February 1st, 2014
This FayeBSG Service Level Agreement (“SLA”) is a policy governing the use of FayeBSG Cloud Hosting Services (“FayeBSG Hosting”) between Faye Business Systems Group, Inc. (“FayeBSG”, “us” or “we”) and users of FayeBSG Hosting services (“you”). This SLA applies separately to each account using a hosted instance. Unless otherwise provided herein, this SLA is subject to the terms of the FayeBSG PSA Agreement. We reserve the right to change the terms of this SLA in accordance with the PSA Agreement.
FayeBSG will use commercially reasonable efforts to make the FayeBSG Hosting available with a Monthly Uptime Percentage (defined below) of at least 99.95%, in each case during any monthly billing cycle (the “Service Commitment”). In the event FayeBSG does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.
“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which FayeBSG Hosting, as applicable, was in the state of “Unavailable.” Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any scheduled and predetermined maintenance down time (defined below).
“Unavailable” and “Unavailability” mean:
When all of your running instances have no external connectivity.
Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments such as upfront payments made for Reserved Instances) for FayeBSG Hosting to the affected instance(s) for the monthly billing cycle in which the unavailability occurred in accordance with the schedule below.
Monthly Uptime Percentage: Less than 99.95% but equal to or greater than 99.0% – 10%
Service Credit Percentage: Less than 99.0% – 30%
We will apply any Service Credits only against future FayeBSG Hosting payments otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment from FayeBSG. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the PSA Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide Hosting is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
To receive a Service Credit, you must submit a claim by opening a case in the FayeBSG Support Portal, or by contacting us via email to: support@fayebsg.com. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:
the words “SLA Credit Request” in the subject line;
the dates and times of each unavailability incident that you are claiming;
the affected Hosting instance(s)
If the Monthly Uptime Percentage of such a request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the credit request as required above may disqualify you from receiving a Service Credit.
The Service Commitment does not apply to any unavailability, suspension or termination of FayeBSG Hosting, or any other FayeBSG Hosting issues:
(i) that result from a suspension described in the PSA Agreement;
(ii) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of FayeBSG Hosting;
(iii) that result from any actions or inactions of you or any third party, including failure to acknowledge a recovery volume;
(iv) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control);
(v) that result from failures of individual instances not attributable to unavailability;
(vi) that result from any maintenance as provided for pursuant to the PSA Agreement; or
(vii) arising from our suspension and termination of your right to use FayeBSG Hosting in accordance with the PSA Agreement (collectively, the “FayeBSG Hosting SLA Exclusions”). If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.
