Service Level Agreement
Last Updated April 2018
Codio will use all commercially reasonable efforts to make each of the Products available with a Monthly Uptime Percentage (defined below) of at least 99.95%, in each case during any calendar month (the “Service Commitment”). In the event that Codio does not meet the Service Commitment, you will be eligible to receive a Service Credit, subject to the terms set out below.
- “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the calendar month in which the applicable Products were in the state of “Unavailable.”. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Codio SLA Exclusion (defined below).
- “Unavailable” and “Unavailability” mean when all of your running instances have no connectivity, or when none of your Users are able to access their User accounts.
- Unavailable Minutes are published at status.codio.com and are defined as the whole minutes elapsing between Codio confirming that applicable Products are Unavailable, and the restoration of Product Availability. You accept by your use of the Product that Codio’s reporting of Product Unavailability at status.codio.com determines the calculation of Unavailable Minutes and any Service Credits due under this SLA.
- In the event that you experience an outage that is not registered at status.codio.com, you should report this to us to in order that we may diagnose it and confirm if there is an Unavailability
- A “Service Credit” is an extension to a Codio Licence, or a cash rebate, calculated as set forth below.
Service Commitments and Service Credits
Service Credits are calculated as a period of extension to a paid Licence period for Codio Products in accordance with the schedule below.
|Monthly Uptime Percentage ||Service Credit |
|Less than 99.95% but equal to or greater than 99.75% ||2 week extension or 10% of your pro-rata monthly license fee |
|Less than 99.75% but equal to or greater than 99.5% ||1 month extension or 30% of your pro-rata monthly license fee |
|Less than 99.5% but equal to or greater than 99.0% ||2 month extension or 50% of your pro-rata monthly license fee |
|Less than 99.0% ||3 month extension or 100% of your pro-rata monthly license fee |
Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Terms, your sole and exclusive remedy for any Unavailability, non-performance, or other failure by us to provide Codio Products 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 must submit a claim by emailing email@example.com. To be eligible for consideration for a Service Credit, the credit request must be received within 60 days of the occurrence of the incident and must include:
- the words “SLA Credit Request” in the subject line;
- the dates and times of each Unavailability incident that you are claiming; and
- the affected Codio Account.
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 via an extension to your licence or a cash rebate according to the Service Credits schedule. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.
Codio SLA Exclusions
The Service Commitment does not apply to any unavailability, suspension or termination of Codio Products: (i) that result from a deliberate suspension of your account; (ii) that is caused by factors outside of our reasonable control, including any force majeure event or Internet access issues or related problems beyond the demarcation point of the Codio Products; (iii) that result from any actions or inactions of you or any third party, including failure to acknowledge a recovery volume; (iv) 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); (v) that result from any scheduled maintenance; or (vi) that arise from our suspension and termination of your right to use Codio Products in accordance with the Terms. If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.