Service Level Agreement
Service Commitment
Transloadit-II GmbH will use commercially reasonable efforts to make the product Transloadit available with an Annual Uptime Percentage (defined below) of at least 99.9% during the Service Year. In the event Transloadit does not meet the Annual Uptime Percentage commitment, you will be eligible to receive a Service Credit as described below. Additionally, Transloadit guarantees an "Annual Queue Percentage" of processing 99.9% of all files with less than one hour queue time.
Definitions
"Service Year" is the preceding 365 days from the date of an SLA claim. "Annual Uptime Percentage" is calculated by subtracting from 100% the percentage of 5 minute periods during the Service Year in which Transloadit was in a state where no uploads could be received. If you have been using Transloadit for less than 365 days, your Service Year is still the preceding 365 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. Annual Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Transloadit SLA Exclusion (defined below).
"Annual Queue Percentage" is calculated and treated exactly as "Annual Uptime Percentage".
The "Eligible Credit Period" is a single month, and refers to the monthly billing cycle in which the most recent unavailability event included in the SLA claim occurred. A "Service Credit" is a dollar credit, calculated as set forth below, that we may credit back to an eligible Transloadit account.
Service Commitments and Service Credits
If the Annual Uptime Percentage for a customer drops below 99.9% for the Service Year, that customer is eligible to receive a Service Credit equal to 10% of their bill for the Eligible Credit Period. To file a claim, a customer does not have to wait 365 days from the day they started using the service or 365 days from their last successful claim. A customer can file a claim any time their Annual Uptime Percentage over the trailing 365 days drops below 99.9%. We will apply any Service Credits only against future Transloadit payments otherwise due from you; provided that, we may issue the Service Credit to the credit card that you used to pay for Transloadit for the billing cycle in which the error occurred.
Service Credits shall not entitle you to any refund or other payment from AWS. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Transloadit Terms of Service, your sole and exclusive remedy for any unavailability or non-performance of Transloadit or other failure by us to provide Transloadit is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA or termination of your use of Transloadit.
Credit Request and Payment Procedures
To receive a Service Credit, you must submit a request by sending an email message to sla-request@transloadit.com. To be eligible, the credit request must: (i) include your account email in the subject of the email message; (ii) include, in the body of the email, the dates and times of each incident you claim to have experienced; (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 Annual Uptime Percentage of such request is confirmed by us and is less than 99.9% 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.
Transloadit SLA Exclusions
The Service Commitment does not apply to any unavailability, suspension or termination of Transloadit, or any other Transloadit performance issues: (i) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of Transloadit; (ii) that result from any actions or inactions of you or any third party; (iii) 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) arising from our suspension and termination of your right to use Transloadit in accordance with the Transloadit Terms of Service (collectively, the "Transloadit SLA Exclusions").
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.