*This CloudForge Uptime Service Level Agreement is only applicable to CloudForge "Professional" Plan customers*
CloudForge Uptime SLA. CollabNet shall use all reasonable commercial efforts, being no less than accepted industrial standards in this regard, to ensure that the CloudForge Service is available to you 99.9% of the time in any calendar month. If it is not, you may be eligible to receive the Service Credits described below (the "CloudForge Uptime SLA").
Definitions. The following definitions shall apply to the CloudForge Uptime SLA.
- "Downtime" means, for a server, if there is more than a five percent user error rate. User error is calculated using server monitoring software (Hyperspin, Inc.), based on results from ping tests, web server tests, TCP port tests, and website tests. Downtime is measured based on server side error rate.
- "Emergency Downtime"means those times where CollabNet becomes aware of a vulnerability which, based on a risk assessment of the vulnerability, CollabNet deems to require immediate remediation and, as a result, the CloudForge Service is made temporarily unavailable in order for CollabNet to address the vulnerability. Emergency Downtime is not considered Downtime for purposes of this CloudForge Uptime SLA, and will not be counted towards any Downtime Periods
- "Monthly Uptime Percentage" means the total number of minutes in the calendar month minus the number of minutes of Downtime suffered from all Downtime Periods in the calendar month, divided by the total number of minutes in the calendar month.
- "Scheduled Downtime" means those times where CollabNet notifies you of periods of Downtime five (5) days prior to the commencement of such Downtime. There will be no more than twelve (12) hours of Scheduled Downtime per calendar year. Scheduled Downtime is not considered Downtime for purposes of this CloudForge Uptime SLA, and will not be counted towards any Downtime Periods.
- "Services" means the services provided to you by the CloudForge Service including source control, project management, ticketing collaboration and other services in accordance with CollabNet's Terms of Service or alternatively, on terms as expressly agreed between you and CollabNet.
- "Service Credit" may be provided according to the following schedule:
- One week Credit: Includes Seven (7) days of Services added to the end of your billing cycle, at no charge to you, if the Monthly Uptime Percentage for any calendar month is between 99.9% and 97.0%;
- Two week Credit: Includes Fourteen (14) days of Services added to the end of your billing cycle, at no charge to you, if the Monthly Uptime Percentage for any calendar month is between 97.0% and 95.0%;
- One month Credit: Includes Thirty (30) days of Services added to the end of your billing cycle, at no charge to you, if the Monthly Uptime Percentage for any calendar month is less than 95.0%.
- Right to terminate: In the event the Monthly Uptime Percentage for any calendar month is less than 90.0%, you will have a right to terminate CloudForge Service plan with seven (7) days written notice to CollabNet, or alternatively you can opt to procure the One month Credit outlined above.
Customer Must Request Service Credit. In order to receive any of the Service Credits described above, you must notify CollabNet by email or otherwise in writing within thirty (30) days from the time you become eligible to receive a Service Credit.
Maximum Service Credit. The aggregate maximum number of Service Credits you can claim for any and all Downtime Periods that occur in a single calendar month shall not exceed thirty days of Services added to the end of your billing cycle. Service Credits may not be exchanged for, or converted to, monetary compensation.
Uptime SLA Exclusions. The Uptime SLA does not apply to any performance issues: (i) caused by factors outside of CollabNet's reasonable control; (ii) that resulted from any actions or inactions of you or any third parties; or (iii) that resulted from your equipment and/or third party equipment (not within the primary control of CollabNet). This CloudForge SLA states your sole and exclusive remedy for any failure by CollabNet to provide the Services as a result of Downtime.
Last Updated 2nd June, 2015