Service Level Agreement

Even though a Service Level Agreement (SLA) is less applicable to our Power Accelerate service, as it’s use is more ad hoc. We aim to guarantee that Power Accelerate Services will be available at least 95% of the time. No SLA is provided for the Trial/Preview tier.

Introduction

This Service Level Agreement for Power Accelerate Online Services (this “SLA”) is a part of your agreement (the “Agreement”). Capitalized terms used but not defined in this SLA will have the meaning assigned to them in the Agreement. This SLA applies to the Power Accelerate Online Services listed herein (a “Service” or the “Services”), but does not apply to separately branded services made available with or connected to the Services or to any on-premises software that is part of any Service.

If we do not achieve and maintain the Service Levels for our Power Accelerate Service as described in this SLA, then you may be eligible for a Power Accelerate credit up to a maximum of 10% of the up front paid consumption fees.

Power Accelerate has the right to modify the terms of your SLA providing at least 90 days’ notice.

Definitions

  • “Downtime” is defined for each Service in the Services Specific Terms below.
  • “Error Code” means an indication that an operation has failed, such as an HTTP status code in the 5xx range.
  • “External Connectivity” is bi-directional network traffic over supported protocols such as HTTP and HTTPS that can be sent and received from a public IP address.
  • “Incident” means (i) any single event, or (ii) any set of events, that result in Downtime.
  • “Service Level” means the performance metric(s) set forth in this SLA that Power Accelerate agrees to meet in the delivery of the Services.
  • “Service Resource” means an individual resource available for use within a Service.
  • “Success Code” means an indication that an operation has succeeded, such as an HTTP status code in the 2xx range.
  • “Support Window” refers to the period of time during which a Service feature or compatibility with a separate product or service is supported.

Claims

Power Accelerate Credits are your sole and exclusive remedy for any performance or availability issues for any Service under the Agreement and this SLA.

Power Accelerate Credits apply only to fees paid for the particular Service, Service Resource, or Service tier for which a Service Level has not been met. In cases where Service Levels apply to individual Service Resources or to separate Service tiers, Power Accelerate Credits apply only to fees paid for the affected Service Resource or Service tier, as applicable. The Power Accelerate Credits awarded in any billing month for a particular Service or Service Resource will not, under any circumstance, exceed 10% of your previous purchased Power Accelerate credits.

If you purchased a Service from a reseller, you will receive a Power Accelerate Credit directly from your reseller and the reseller will receive a Power Accelerate Credit directly from us. The Power Accelerate Credit will be based on the estimated retail price for the applicable Service, as determined by us in our reasonable discretion.

Power Accelerate Credits

In order for Power Accelerate to consider a claim, you must submit the claim to customer support at Power Accelerate including all information necessary for Power Accelerate to validate the claim, including but not limited to: (i) a detailed description of the Incident; (ii) information regarding the time and duration of the Downtime; (iii) the number and location(s) of affected users (if applicable); and (iv) descriptions of your attempts to resolve the Incident at the time of occurrence.

For a claim related to Power Accelerate, we must receive the claim within two months in which the Incident that is the subject of the claim occurred. For claims related to all other Services, we must receive the claim by the end of the calendar month following the month in which the Incident occurred. For example, if the Incident occurred on February 15th, we must receive the claim and all required information by March 31st.

We will evaluate all information reasonably available to us and make a good faith determination of whether Power Accelerate Credit is owed. We will use commercially reasonable efforts to process claims during the subsequent month and within forty-five (45) days of receipt. You must be in compliance with the Agreement in order to be eligible for a Power Accelerate Credit. If we determine that a Power Accelerate Credit is owed to you, we will apply the Power Accelerate Credit to your Power Accelerate credit balance.

Limitations

This SLA and any applicable Service Levels do not apply to any performance or availability issues:

  • Due to factors outside our reasonable control (for example, natural disaster, war, acts of terrorism, riots, government action, or a network or device failure external to our data centers, including at your site or between your site and our data center);
  • That result from the use of services, hardware, or software not provided by us, including, but not limited to, issues resulting from inadequate bandwidth or related to third-party software or services;
  • Caused by your use of a Service after we advised you to modify your use of the Service, if you did not modify your use as advised;
  • During or with respect to preview, pre-release, beta or trial versions of a Service, feature or software (as determined by us);
  • That result from your unauthorized action or lack of action when required, or from your employees, agents, contractors, or vendors, or anyone gaining access to our network by means of your passwords or equipment, or otherwise resulting from your failure to follow appropriate security practices;
  • That result from your failure to adhere to any required configurations, use supported platforms, follow any policies for acceptable use, or your use of the Service in a manner inconsistent with the features and functionality of the Service (for example, attempts to perform operations that are not supported) or inconsistent with our published guidance;
  • That result from faulty input, instructions, or arguments (for example, requests to access files that do not exist);
  • That result from your attempts to perform operations that exceed prescribed quotas or that resulted from our throttling of suspected abusive behavior;
  • Due to your use of Service features that are outside of associated Support Windows; or
  • For licenses reserved, but not paid for, at the time of the Incident.

Monthly Uptime Calculation

“Monthly Uptime Percentage” for each API Service is calculated as Total Transaction Attempts less Failed Transactions divided by Total Transaction Attempts in a billing month for a given API subscription. Monthly Uptime Percentage is represented by the following formula:

Monthly Uptime % = (Total Transaction Attempts – Failed Transactions) / Total Transaction Attempts * 100

MONTHLY UPTIME PERCENTAGE < 95%
MAX. POWER ACCELERATE CREDIT 10%

Service Level Exceptions

No SLA is provided for the Free, Preview or Trial tier.