Platform Uptime SLA (Platform SLA)
1. Availability
DoiT will make the DoiT Solution(s) available with a Monthly Uptime Percentage of at least 99.9% (the "Availability") during the term of the Agreement (hereinafter the "Term"). The Service will be deemed "Available" so long as authorized users are able to login to the DoiT Solution and access monitoring and consumption data. Availability is calculated as:
Availability = Available minutes in a month/Total minutes in a month x 100
This SLA applies only to Customer's and its authorized users' use of the Solution(s), and not to any non-production use, or use of the Solution(s) during installation, implementation, testing, staging, evaluation, or proof of concept stages. This SLA applies only to paid services and does not cover trial or beta features.
2. Service Credits
If DoiT falls short of the Availability, DoiT shall issue credits (the "Service Credits") on the Customer's DoiT account. The Service Credits are calculated as a portion of the applicable monthly fees for the DoiT Solution(s) (the applicable month shall be the total fees invoiced for the applicable Solution for the month in which the Availability wasn't reached). The Service Credits will be issued via invoice in accordance with the following table and the below requirements:
| Monthly Service Uptime | Credit Percentage of Customer's Monthly Fee |
|---|---|
| 99.0% to 99.9% | 3% |
| 95.0% to 98.9% | 10% |
| Below 95.0% | 25% |
"Monthly Fee" shall mean the total amount invoiced by DoiT for the applicable DoiT Solution to Customer in a given regular monthly invoice.
If Service Credit is confirmed, DoiT will issue Customer a Service Credit note as noted below. All Service Credits not used within the Term for the applicable Services are automatically forfeited and cancelled.
3. Service Credits requests
To receive a Services Credit, Customer must submit a request via a ticket submitted on the DoiT Console, within thirty (30) calendar days from the end of the applicable month in which the reported incident occurred which allows Customer to potentially become eligible to receive a Service Credit, specifying: (i) the dates and times of each incident of Unavailability that Customer claims to have experienced, and, (ii) include the Customer's request logs that document the errors and corroborate the claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).
If not requested during this time and/or if the Customer fails to provide all information required by DoiT, the Service Credit will no longer be claimable. If the request for Service Credits is received, confirmed, and validated by DoiT, then DoiT will issue the Services Credit to Customer's DoiT account within forty-five (45) calendar days.
4. Service Credit limitations and cap
Services Credits may not be exchanged for, or converted to, monetary amounts. Service Credits do not earn interest. Services Credits will not accumulate within the total subscription period in an amount more than 1% of the service fees for the applicable Solution in the prior 12 months. Services Credits expire when the applicable term ends.
Exclusive Remedy. The provided Service Credits describes Customer's exclusive remedy and DoiT's entire liability for any failure of the Services to meet the Service Uptime.
5. Exclusions to Service Credits
Service credits are not available in the following cases:
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Downtime or errors due to scheduled maintenance by DoiT (with at least 24 hours' notice) during regularly scheduled service hours;
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Service failure or outage caused by any party other than DoiT or its contractors;
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Issues caused by misuse, configuration errors, outdated or unsupported third-party technologies, or third-party integrations, in each case not managed by DoiT;
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Force majeure events as set out in the Quote or Agreement;
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Customer's or its authorized users failure to comply with mutually agreed written usage guidelines or security policies;
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Customer has failed to properly implement/enable the Service(s) or DoiT's written implementation and enablement standards;
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Lack of access due to Customer's or its authorized users own infrastructure or security restrictions.
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Customer's or its authorized users' use of the Service(s) exceeds the Fees paid; or,
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Any suspension of the Service(s).
6. Repeated Service Level Failure
Notwithstanding any other provision of the Quote or Agreement, a "Repeated Service Level Failure" shall be deemed to occur if DoiT fails to meet a 95% uptime (a) for two (2) consecutive calendar months, (b) for any three (3) calendar months within any rolling twelve (12)-month period, regardless of whether such months are consecutive, or (c) DoiT fails to meet a 90% uptime in any given month. In the event of a Repeated Service Level Failure, such failure shall constitute a material breach of the Quote or Agreement.
Upon occurrence of a Repeated Service Level Failure, Customer may within thirty (30) days of becoming aware of such Repeated Service Level Failure, provide 15 days' written notice from the Repeated Service Level Failure, at its option and without penalty, terminate the Quote or Agreement for the applicable Solution upon written notice to DoiT. If such a 15-day period expires then it will be established that the Customer has opted not to invoke termination.