Last updated: April 9th, 2020
This Accelize Service Level Agreement (this “SLA”) is a policy governing the use of the Included Products and Services (listed below) by you or the entity you represent (“you”) under the terms of the Accelize Customer Agreement (the “Accelize Agreement”) between Accelize, Inc. and its affiliates (“Accelize”, “us” or “we”) and you. This SLA applies separately to each account using the Included Products and Services. Unless otherwise provided herein, this SLA is subject to the terms of the Accelize Agreement and capitalized terms will have the meaning specified in the Accelize Agreement. We reserve the right to change the terms of this SLA in accordance with the Accelize Agreement.
Accelize will use commercially reasonable efforts to make the Included Products and Services each available with a Monthly Uptime Percentage (defined below) of at least 99.99%, in each case during any monthly billing cycle (the “Service Commitment”). In the event any of the Included Products and Services do not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.
“Monthly Uptime Percentage” means total number of minutes in a month, minus the number of minutes of Downtime suffered from all Downtime Periods in a month, divided by the total number of minutes in a month. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Accelize Services SLA Exclusion (defined below).
“Region Unavailable” and “Region Unavailability” means: The service in a specific region suffer from a Downtime Period
A “Service Credit” is one US Dollar credit, calculated as set forth below, that we may credit back to an eligible account.
“Downtime” means: the total accumulated time during which Accelize DRM Service is unable to process license requests
“Downtime Period” means a period of one or more consecutive minutes of Downtime. Partial minutes or Intermittent Downtime for a period of less than 5 minutes will not be counted towards any Downtime Periods
Service Credits are calculated as a percentage of the total charges paid by you for Accelize Services in the Region affected for the monthly billing cycle in which the Region Unavailability occurred in accordance with the schedule below. Non pay-per-use charges are excluded from Service Credits, including, but not limited to, node-locked and floating licenses.
|Monthly Uptime Percentage||Service Credit Percentage|
|Less than 99.99% but equal to or greater than 99.0%||10%|
|Less than 99.00%||30%|
We will apply any Service Credits only against future Accelize Platform payments otherwise due from you. At our discretion, we may issue the Service Credit to the billing information you used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment from Accelize. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than ten dollar ($10 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Accelize Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide Accelize Platform 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 opening a case in the Accelize Support Center. 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:
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 within one billing cycle following the month in which your request is confirmed by us. 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 Accelize service :
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.