Cloud Service Service Level Agreement

The service level agreement we offer for our Cloud Services

Last updated 9th July 2021

OpenDataDSL will use commercially reasonable efforts to maximize the availability of the Cloud Services, and provides performance standards as detailed below. This Service Level Agreement (“SLA”) applies only to our Cloud Services and does not apply to any other product offered by OpenDataDSL. We will provide at least 90 days' advance notice for adverse changes to this SLA.

If we do not achieve and maintain the Monthly Uptime Percentages set forth in the table below, then you may be eligible for a Service Credit.

Definitions​

As used herein, "month" refers to a calendar month.

"Applicable Monthly Service Fees" means the total fees paid by you for use of our Cloud Services during the month in which Downtime occurred.

"Downtime" is calculated on a monthly basis and is the total number of minutes during the month that the Cloud Services was unavailable or your data was unavailable. A minute is considered unavailable if all of your continuous attempts to establish a connection to the Cloud Services within the minute fail. Downtime does not include partial minutes of unavailability or scheduled downtime for maintenance and upgrades.

"Monthly Uptime Percentage" is calculated on a monthly basis and is calculated as:

Any account used for only part of the month is assumed to be 100% available for the portion of the month that it is not used.

"Service Credit" is the percentage of the Applicable Monthly Service Fees to be credited to you if OpenDataDSL approves your claim, as set forth in the table above.

Customer Obligations​

To be eligible for a Service Credit:

1. You must log a support ticket with OpenDataDSL within 24 hours of first becoming aware of an event that impacts service availability.
2. You must submit your claim and all required information by the end of the month immediately following the month in which the Downtime occurred.
3. You must include all information necessary for OpenDataDSL to validate your claim, including: (i) a detailed description of the events resulting in Downtime, including your request logs that document the errors and corroborate your claimed outage (with any confidential or sensitive information in the logs removed or replaced with asterisks); (ii) information regarding the time and duration of the Downtime; (iii) the number and location(s) of affected users (if applicable); and (iv) descriptions of your attempts to resolve the Downtime at the time of occurrence.
4. You must reasonably assist OpenDataDSL in investigating the cause of the Downtime and processing your claim.
5. You must comply with your applicable OpenDataDSL service agreement, applicable OpenDataDSL documentation and any advice from our support team.

Service Credits​

We will process claims within 45 days of receipt. If we determine that you have satisfied the customer obligations above and that none of the below limitations apply to your claim, we will grant you a Service Credit.

We will apply any Service Credit to a future invoice or payment for the Cloud Services.

Service Credits are your sole and exclusive remedy under this SLA.

Limitations​

Downtime does not include, and you will not be eligible for a Service Credit for, any performance or availability issue that results from:

1. Factors outside of our reasonable control, such as natural disaster, war, acts of terrorism, riots, government action, or a network or device failure at your site or between your site and the Cloud Services;
2. Services, hardware, or software provided by a third party;
3. Use of your password or equipment to access our network
4. Your or any third party’s (a) improper use, scaling or configuration of the Cloud Services, or (b) failure to follow appropriate security practices; or
5. OpenDataDSL’s Beta Offerings.