SLA -Service Level Agreement

This SLA amends the Agreement between Blue Elephant and Customer and addresses the up-time guarantees in relation to the Services we provide to you and your remedies for our failure to meet such guarantees. The remedies contained in this SLA are your sole and exclusive remedies for any issues addressed herein. We may update this SLA from time to time in our sole discretion.

SERVICE AVAILABILITY

Blue Elephant will make the Services available 99.9% of the time, excluding any Excused Downtime. In a given calendar month.

Example: of how we calculate up-time

Let’s say we monitored a website during 24 hours (which translates to 86,400 seconds), and in that time-frame the website went down for 10 minutes (600 seconds). To define the up-time and downtime percentages, we perform the following calculation:

Total number of seconds your website was down: 600 seconds.

Total number of seconds your website was monitored: 86,400.

We divide 600 by 86,400, which is 0.0069.

In percentages, this is 0.69%. This is the downtime percentage.

The up-time percentage for this website would be: 100% minus 0.69% is 99.31% up-time.

EXCUSED DOWNTIME

“Excused Downtime” means the length of time the Services are unavailable due to:

  1. Scheduled Maintenance;
  2. Emergency Maintenance;
  3. Beta Testing Services;
  4. Force Majeure events; caused by natural and unavoidable catastrophes that interrupt the expected course of events and restrict participants from fulfilling obligations.
  5. the actions or omissions of you, your Authorized Users, or any third-party acting on your behalf or at your direction, including any unauthorized use of the Services, breach of the Agreement or Acceptable Use Policy, or any use or configuration of the Services that exceeds Blue Elephant’s recommendations or advertised limits.

“Scheduled Maintenance” includes any maintenance performed during the following windows or for which we provide reasonable notice or coordination with you in advance of the maintenance.

“Emergency Maintenance” means any maintenance performed outside the Scheduled Maintenance windows without advance notice where such maintenance is reasonably and urgently required to protect the integrity, availability, or security of any online systems.

SLA CREDITS

You are entitled to a credit of 5% of the applicable annual subscription fee for each full hour of downtime in excess of the Service Availability targets. (For example, you will receive a 5% credit for between 1 and 60 minutes of downtime in excess of the Service Availability targets, a 10% credit for between 61 and 120 minutes, etc.) In order to receive a credit, you must contact Blue Elephant Support within 30 days of the event including time and date of the service disruption giving rise to the credit. Credits are based on our monitoring, shall not exceed 25% of your applicable annual subscription fee, the credit note may not be carried over or aggregated, must be used within next annual hosting subscription billing date as a discount voucher during anniversary renewal date, and will not be paid or provided as a refund.