Service Level Agreement (SLA)
1. Service Commitment
HostedMetrics is committed to providing services with 99.9% availability. In the event that HostedMetrics fails to meet that commitment, HostedMetrics shall offer service credits as compensation to the Customer. The service level aggrement described herein applies and is available to Customers with an active paid subscription to HostedMetrics products, and whose account is current (i.e. not past due), including, with respect to timely payment of fees therefor.
2. Amount of Compensation
If an outage is caused by an apparent failure in the HostedMetrics software, affected users will be provided with free usage credits covering 30 times the outage period. The amount of free usage credits provided in case of an outage may not exceed the amount charged from the customer over the three months preceding the outage. All outage periods and compensation are calculated by HostedMetrics.
3. Payment of Compensation
The compensation will be in the form of HostedMetrics usage credits and may not be exchanged for cash or other forms of payment.
4. Customer Must Request Compensation
In order to receive any of the payment of compensation described above, Customer must notify HostedMetrics within 15 days from the time Customer becomes eligible for compensation. HostedMetrics must agree the Customer's reported outage meets the conditions herein. If Customer does not comply with these requirements, Customer will forfeit its right to receive compensation. If a dispute arises, HostedMetrics will make a determination in good faith based on its system logs, monitoring reports, configuration records, and other available information, which HostedMetrics will make available for auditing by Customer at Customer's request.
5. Sole Remedy
The above-mentioned payment of compensation will be the sole remedy of the Customer and Company's entire liability for interruptions or other failures in the Services. In case of a disagreement over the amount of the compensation payable to the Customer, HostedMetrics's decision on the issue will be binding and final.
The following will be excluded from the availability guarantee:
Scheduled maintenance and interruptions
Features and services designated Alpha or Beta
Features and services excluded from the SLA (as communicated to the Customer)
Failures caused by factors outside of HostedMetrics's reasonable control, such as DNS outages, denial-of-service attacks, or outages on the Internet that hinder access
Failures and outages of HostedMetrics's underlying service providers
Failures caused by errors and bugs in third party software used by HostedMetrics to implement the services
Failures caused by client's queries, usage, or misconfiguration