AppsCode Service Level Agreement(SLA) is a policy applicable upon the usage of AppsCode hosted plans subjected to the AppsCode Terms of Service. In accordance with the Terms of Service, AppsCode reserve the rights to amend the SLA.
1. Commitment of Service
With a Monthly Uptime Percentage (defined below) of at least 99.9%, AppsCode will make precedence available individually for any annual/monthly billing cycle. In due course if AppsCode can not meet the Commitment of Service, user will be eligible to receive a Service Credit as mentioned beneath.
“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of continuous 5 minute periods during the month in which an AppsCode team account was in a state of “Unavailable.” Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any AppsCode SLA Exclusion (defined below).
“Unavailable” and “Unavailability” means when a running AppsCode team account has no external connectivity.
A “Service Credit” is a dollar credit, calculated as set forth below, that we may credit back to an eligible account.
3. Service Commitments and Service Credits
Service Credits are calculated as lost time incurred at the minutely rate for a AppsCode team account for the annual/monthly billing cycle in which the Unavailability occurred.
AppsCode will apply any Service Credits only against future AppsCode payments otherwise due from the respective users. At discretion, AppsCode may issue the Service Credit to the credit card used by respective user to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle user to any refund or other payment from AppsCode. A Service Credit will be applicable and issued only if the credit amount for the applicable annual/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 Terms of Service, respective user’s sole and exclusive remedy for any unavailability, non-performance, or other failure by AppsCode to provide AppsCode Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
4. Credit Request and Payment Procedures
To receive a Service Credit, you must submit a claim by sending an email to email@example.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:
i) the words “SLA Credit Request” in the subject line;
ii) the dates and times of each Unavailability incident that you are claiming;
iii) the affected AppsCode team id; and
iv) respective user’s request logs that document the errors and corroborate your claimed outage
- (any confidential or sensitive information in these logs should be removed or replaced with asterisks).
If the Monthly Uptime Percentage of such request is confirmed by AppsCode and is less than the Commitment of Service, then AppsCode will issue the Service Credit to the respective user within one billing cycle following the month in which respective user’s request is confirmed by AppsCode. User failure to provide the request and other information as required above will disqualify user from receiving a Service Credit.
5. SLA Exclusions
The Commitment of Service is not applicable for any unavailability, suspension or termination of AppsCode Services, or any other AppsCode performance issues:
(i) Caused by factors outside of reasonable control, included, but not limited to, any
major event or Internet access or related problems beyond the access and control
point of AppsCode Services.
(ii) Consequence occurred due to any actions or inactions of the user or any third party (other than AppsCode’s direct hosting subcontractor);
(iii) is caused by user equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within AppsCode point of authority);
(iv) due to any scheduled maintenance and/or software deployment; or
(v) as a result of AppsCode suspension and termination of respective user’s right to use AppsCode Services in lieu to any breach of, or otherwise in accordance with the Terms of Service.
If availability is impacted by factors other than those used in Monthly Uptime Percentage calculation, then AppsCode may issue a Service Credit considering such factors under discretion.