Version 1.0 - September 2012
This CommonKey Service Level Agreement ("SLA") between CommonKey, Inc. ("CommonKey", "us" or "we") and users of the CommonKey Services ("you") governs the use of the CommonKey Services under the provisions of the CommonKey Terms of Service (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.
CommonKey will use commercially reasonable efforts to make the CommonKey Services available with a Monthly Uptime Percentage of at least 99.95% during any monthly billing cycle (the "Service Commitment"). Subject to the CommonKey SLA Exclusions, if we do not meet the Service Commitment, you will be eligible to receive a Service Credit.
A Monthly Uptime Percentage of 99.95% means that we guarantee you will experience no more than 21.56 min/month of Unavailability.
"CommonKey Services" mean your apps and databases running on CommonKey in Dedicated Environments. "Maintenance" means scheduled Unavailability of the Containerized Services, as announced by us prior to the Containerized Services becoming Unavailable.
"Monthly Uptime Percentage" is calculated by subtracting from 100% the percentage of minutes during the month in which the CommonKey Services were Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any CommonKey SLA Exclusion.
"Service 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:
Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments, e.g. for training, etc.) for the monthly billing cycle in which the Unavailability occurred in accordance with the schedule below:
Unless otherwise provided in the Terms, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the CommonKey Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
To receive a Service 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 Service Commitment does not apply to any unavailability, suspension or termination of the CommonKey Services, or any other CommonKey Service performance issues: