Service Level Agreement

DATAVOKE SERVICE LEVEL AGREEMENT

Last Updated June 07, 2016

This DataVoke Service Level Agreement (“SLA“) is a policy governing the use of the web services offered by DataVoke, Inc. and its affiliates (collectively “DataVoke”) and the website located at http://www.datavoke.com/ (the “DataVoke Site”; collectively together with DataVoke’s web services, the “System”) under the terms of the DataVoke Terms of Service (the “DataVoke Terms of Service“) between DataVoke and users of DataVoke’s Services (“you“). This SLA applies separately to each account using DataVoke.

Unless otherwise provided herein, this SLA is subject to the terms of the DataVoke Terms of Service and capitalized terms will have the meaning specified in the DataVoke Terms of Service. We reserve the right to change the terms of this SLA in accordance with the DataVoke Terms of Service.

Service Commitment

DataVoke will use commercially reasonable efforts to meet the following service levels (“Service Commitment“):

  • Uptime: Make the System available with a Monthly Uptime Percentage (defined below) of at least 99% during any monthly billing cycle. In the event DataVoke does not meet the Monthly Uptime Percentage commitment, you will be eligible to receive a Service Credit as described below.
  • Backup Services: Perform nightly full backups, using a 4-hour differential and to store all backups on a secured SAN mirrored to an independent archive. DataVoke compresses and encrypts all archives.
  • Disaster Recovery: Mirror all services used in the System, allowing for complete failure of one server with no loss of data and minimal (if any) service interruption.
  • Support Ticket Response: Respond to all support tickets within one (1) business day.
  • Critical Bug Repair: Perform and correct all critical bug repairs within two (2) weeks.

 

Definitions

  • Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of 1 minute periods during the monthly billing cycle in which the System was “Unavailable”. If you have been running the System for only part of the month, the System is assumed to be 100% available for the portion of the month that it was not running. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any DataVoke SLA Exclusion (defined below).
  • Unavailable” means that all connection requests to the System fail during a 1 minute period.
  • A “Service Credit” is a dollar credit, calculated as set forth below, that we may credit back to an eligible account.

 

Service Credits

Service Credits are calculated as a percentage of the charges paid by you for the System availability that did not meet the Monthly Uptime Percentage commitment in a billing cycle in accordance with the schedule below.

Monthly Uptime Percentage Service Credit Percentage
Less than 99% but equal to or greater than 98.0% 10%
Less than 98.0% 25%

For any period in which you are not obligated to pay charges for use of the System, you will not be entitled to any Service Credit for any Uptime failure during such period. We will apply any Service Credits only against future payments otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the unavailability occurred. Service Credits will not entitle you to any refund or other payment from DataVoke. A Service Credit will be applicable and issued only if the credit amount for the applicable 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 DataVoke Terms of Service, your sole and exclusive remedy for any unavailability or non-performance or other failure by us to provide the System is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

 

Credit Request and Payment Procedures

To receive a Service Credit, you will need to submit a claim emailing support@datavoke.com. To be eligible, the credit request must be received by us by the end of the second (2nd) 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 you are claiming;

iii. log-in credentials of each affected User; and

iv. your 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 us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which the request occurred. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.

 

DataVoke SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of DataVoke, or any other DataVoke performance issues:

i. that result from a suspension described in the DataVoke Terms of Service;

ii. caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of DataVoke;

iii. in respect of any failure, loss of service, interruption or delay occurring in a third-party’s system, software or hardware, including any remote data hosting, cloud storage or computer server service provider used by us (including, without limitation, Amazon Web Services).

iv. that result from any voluntary actions or inactions from you or any third party (e.g., rebooting a database instance, scaling compute capacity, not scaling storage when the storage is full, misconfiguring security groups, VPC configurations or credential settings, disabling encryption keys or making the encryption keys inaccessible, etc.);

v. that result from you not following the basic operational guidelines described in the DataVoke Documentation (e.g., overloading a database instance to the point it is inoperable, creating excessively large number of tables that significantly increase the recovery time etc.);

vi. caused by underlying database engine software that lead to repeated database crashes or an inoperable database instance;

vii. that result in long recovery time due to insufficient IO capacity for your database workload;

viii. that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); or

ix. that result from any maintenance as provided for pursuant to the DataVoke Terms of Service; or

x. arising from our suspension and termination of your right to use DataVoke in accordance with the DataVoke Terms of Service (collectively, the “DataVoke SLA Exclusions“).

If availability is impacted by factors other than those explicitly used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.