Last updated: January 21, 2017
This Service Level Agreement (SLA) between Dryfta, Inc. (“us”) and users of the Dryfta Platform (“you”) governs the use of the Dryfta Platform under the provisions of the Dryfta Terms of Service (the “Terms”).
This SLA applies separately to each of your Event Platform, as defined in the Terms.
Unless otherwise provided herein, this SLA is subject to the provisions of the Terms. Capitalized words and phrases have the meaning specified in the Terms. We reserve the right to change the terms of this SLA in accordance with the Terms.
1. Service Commitment: 99.95% Uptime
Dryfta will use commercially reasonable efforts to make the Dryfta Platform available with a Monthly Uptime Percentage of at least 99.95% during any monthly billing cycle (the “Service Commitment”). Subject to the Dryfta SLA Exclusions, if we do not meet the Service Commitment, you will be eligible to receive a Platform Credit.
A Monthly Uptime Percentage of 99.95% means that we guarantee you will experience no more than 21.56 min/month of Unavailability.
“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the Dryfta Platform were Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Dryfta SLA Exclusion.
“Platform Credit” means a credit denominated in US dollars, calculated as set forth below, that we may credit back to an eligible account.
“Unavailable” and “Unavailability” mean, for platform, when your platform is not running or not reachable due to Dryfta’s fault.
3. Service Commitments and Platform Credits
Platform Credits are calculated as a percentage of the total fee due on your invoice for the monthly billing cycle in which the Unavailability occurred, in accordance with the schedule below:
- For Monthly Uptime Percentage less than 99.95% but equal to or greater than 99.0%, you will be eligible for a Platform Credit of 10% of the total fee
- For Monthly Uptime Percentage less than 99.0%, you will be eligible for a Platform Credit of 30% of the total fee
For example, if your event platform is Unavailable for 25 minutes, you would be eligible for a Platform Credit for 10% of the total fee for the month.
We will apply any Platform Credits only against future payments for the Plaform otherwise due from you. At our discretion, we may issue the Platform Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred. Platform Credits will not entitle you to any refund or other payment from Dryfta. A Platform Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Platform Credits may not be transferred or applied to any other account.
4. Sole Remedy
Unless otherwise provided in the Terms, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the Dryfta Platform is the receipt of a Platform Credit (if eligible) in accordance with the terms of this SLA.
5. Credit Request and Payment Procedures
To receive a Platform Credit, you must submit a claim by emailing 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:
- the words “SLA Credit Request” in the subject line;
- the dates and times of each Unavailability incident that you are claiming;
- the account handle(s); and
- 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 Platform Commitment, then we will issue the Platform Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Platform Credit.
6. Dryfta SLA Exclusions
The Platform Commitment does not apply to any unavailability, suspension or termination of the Dryfta Platform, or any other Dryfta Platform performance issue:
- That results from a suspension or Remedial Action, as described in the Terms;
- Caused by factors outside of our reasonable control, including any force majeure event, Internet access, or problems beyond the demarcation point of the Dryfta network;
- That results from any actions or inactions of you or any third party;
- That results from the equipment, software or other technology of you or any third party (other than third party equipment within our direct control);
- That results from failures of Dryfta Platform not attributable to Unavailability; or
- That results from any Maintenance.
If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Platform Credit considering such factors at our discretion.