Sharetru agrees to provide the SaaS in a professional manner, consistent with recognized industry security standards and good commercial practices in an effort to maintain the online availability of the SaaS for a minimum of availability 99.9% in any calendar month, excluding scheduled maintenance, outages related to DoS/DDoS attacks, outages that result from technology managed by Customer, Guests or other Users, and Internet network outages beyond the direct control of Sharetru or its data center or cloud service partners.
Should the SaaS fail to meet a minimum availability of 99.9% in any calendar month, Customer may be eligible for a SLA Credit, as defined below, as provided in the following chart.
Potential SLA Credit
95.0% to 99.8%
10% of monthly fee
90.0% to 94.9%
25% of monthly fee
Less than 90.0%
50% of monthly fee
Chronic Violations: (a) Three or more instances of service levels below 95% within six consecutive months; or (b) One continuous incident of 0% service availability lasting seven days.
The right to terminate the Agreement and all future annual billing periods of a multi-year contract.
An “SLA Credit” means a credit against a future invoice of SaaS fees. An SLA Credit (i) will not be applied to a past due invoice, and (ii) provides Customer’s sole remedies and Sharetru’s sole liabilities and responsibilities for failure of the SaaS to meet the monthly minimum availability target of 99.9%. With the exception of Chronic Violations (defined above), SLA Credits are forfeit if Customer fails to renew the Agreement.
In order to be eligible for an SLA Credit, Customer must report the suspected outage (i) by opening a support ticket during the suspected outage, or no more than 24 hours after the suspected outage period ends; and (ii) prior to a post-incident report from Sharetru. For clarity, Customer may not use a post-incident report from Sharetru as a trigger to open an SLA request ticket, but Customer may use the post-incident report to document the incident and to quantify the amount of the credit requested.