This SymetriQ Service Level Agreement (“SLA”) is a policy governing the use of the SymetriQ Public Cloud under the terms of the SymetriQ T&Cs between SymetriQ Limited (“SymetriQ”, “us” or “we”) and users of the SymetriQ Public Cloud (“you”). This SLA applies separately to each account using SymetriQ’s Public Cloud. Unless otherwise provided herein, this SLA is subject to the terms of the SymetriQ T&Cs and capitalized terms will have the meaning specified in the SymetriQ T&Cs. We reserve the right to change the terms of this SLA in accordance with the SymetriQ T&Cs.

 

SymetriQ will use commercially reasonable efforts to make SymetriQ Public Cloud available with a Monthly Uptime Percentage as defined below during the Service Month. In the event SymetriQ Public Cloud does not meet the Monthly Uptime Percentage commitment, you will be eligible to receive a Service Credit (as described further down).

 

“Service Month” is the preceding 30 days from the date of an SLA claim.

 

“Monthly Uptime Percentage” is calculated by subtracting from 100% the periods during the Service Month in which SymetriQ Public Cloud was in the state of “Unavailable.” If you have been using SymetriQ Public Cloud for less than 30 days, your Service Month is still the preceding 30 days, but any days prior to your use of the service will be deemed to have had 100% Availability. Any downtime occurring prior to a successful Service Credit claim cannot be used for future claims. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SymetriQ Public Cloud SLA Exclusions (defined below).

 

“Unavailable” means that at least 50% (only applies if you have more than two instances running at the time) of your running instances have no external connectivity during a five minute period and you are unable to launch replacement instances.

 

Unavailability shall be measured from the time at which the customer validly informs SymetriQ of their service being unavailable or SymetriQ’s monitoring systems detect a fault.

 

The “Eligible Credit Period” is a single month, and refers to the monthly billing cycle in which the most recent Unavailable event included in the SLA claim occurred.

 

A “Service Credit” is a Pound Sterling credit, calculated as set forth below, that we may credit back to an eligible SymetriQ Public Cloud account.

 

If the Monthly Uptime Percentage for a customer drops below the defined values for the Service Month, that customer is eligible to receive a Service Credit equal to the table below of their bill for the Eligible Credit Period. To file a claim, a customer does not have to have wait 30 days from the day they started using the service or 30 days from their last successful claim. A customer can file a claim any time their Monthly Uptime Percentage over the trailing 30 days drops below the SLA according to the following:

 

We will apply any Service Credits only against future SymetriQ Public Cloud payments otherwise due from you; provided that, we may issue the Service Credit to the credit card that you used to pay for SymetriQ Public Cloud for the billing cycle in which the error occurred. Service Credits shall not entitle you to any refund or other payment from SymetriQ. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than 10 Pound Sterling. Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the SymetriQ Agreement, your sole and exclusive remedy for any unavailability or non-performance of SymetriQ Public Cloud or other failure by us to provide SymetriQ Public Cloud is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA or termination of your use of SymetriQ Public Cloud.

 

To receive a Service Credit, you must submit a request by sending an e-mail message 

to sla-request@symetriq.com. To be eligible, the credit request must:

 

i.    include your account number in the subject of the e-mail message;

ii.   include, in the body of the e-mail, the dates and times of each incident of Unavailable that you claim to have experienced including instance ids of the instances that were running and affected during the time of each incident; 

iii.  include your server request 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); and 

iv.  be received by us within thirty (30) business days of the last reported incident in the SLA claim. If the Monthly Uptime Percentage of such request is confirmed by us and is less than agreed for the Service Year, then we will issue the Service Credit to you within one billing cycle following the month in which the request occurred. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.

 

The Service Commitment does not apply to any unavailability, suspension or termination of SymetriQ Public Cloud, or any other SymetriQ Public Cloud performance issues:

 

(i)    that result from Service Suspensions; 

(ii)   scheduled maintenance as long as it is notified at least 72 hours in advance;

(iii)   caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of SymetriQ Public Cloud; 

(iv)   that result from any actions or inactions of you or any third party; 

(v)    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); 

(vi)   that result from failures of individual instances not attributable to Unavailability; or 

(vii)  arising from our suspension and termination of your right to use SymetriQ Public Cloud in accordance with the SymetriQ AGBs or;

(viii) that arise during a trial period of SymetriQ Public Cloud.

 

If availability is impacted by factors other than those explicitly listed in this agreement, we may issue a Service Credit considering such factors in our sole discretion.