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Insites Service Level Agreement
This Insites Service Level Agreement ("SLA") is a policy governing the use of the Included Services (listed below) and applies separately to each account using the Included Services. In the event of a conflict between the terms of this SLA and the Insites Terms of Service or other agreement with us governing your use of our Services (the "Agreement"), the terms and conditions of this SLA apply, but only to the extent of such conflict. Capitalised terms used herein but not defined herein shall have the meanings set forth in the Agreement.
This SLA applies to site instances that are on a billing plan that is paid for, ie: not free. SLA for Staging, QA, Development and other services that are not paid for, will not be covered by this SLA, unless a paid billing plan is applied to those environments.
General Service Commitment
Insites will use commercially reasonable efforts to ensure Production Server Endpoints for Amazon EC2, Amazon EBS, Amazon RDS, Elasticsearch and REDIS Clusters (Included Services) are each available with a Monthly Uptime Percentage of at least 99.9%, in each case during any monthly billing cycle (the "Service Commitment"). This is based on a 50% utilisation of services by the number of total users allocated for a given Hosting tier. EG: A hosting plan with capacity for 25,000 users should expect no service degradation for 12,000 active users.
In the event of Customers requiring a spike in resources due to specific events, it will be required that Insites be informed of such event to ensure provisioning is made. In almost all cases, auto-scaling will account for load spikes and be charged as overages (as outlined in the Terms of Service) where required.
In the event any of the Included Services do not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.
Service Credits
Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments) for the Included Service for the monthly billing cycle in which the Unavailability occurred in accordance with the schedule below.
We will apply any Service Credits only against future payments for the applicable Included Service due from you. Service Credits will not entitle you to any refund or other payment from Insites. 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 AUD). Service Credits may not be transferred or applied to any other account. Your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide server uptime of your Insites services, is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
Credit Request and Payment Procedures
To receive a Service Credit, you must submit a claim by emailing support@insites.io. 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:
1.
The words "SLA Credit Request" in the subject line;
2.
The dates and times of each Unavailability incident that you are claiming;
3.
The affected instances; and
4.
Your 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).
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.
Insites SLA Exclusions
The Service Commitment does not apply to any unavailability, suspension or termination of Insites:
(i)
That result from a suspension due to non-payment of any invoices, where 30 day warning and a further 30 day grace period is given to fulfil payment;
(ii)
Caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of Insites and Amazon Web Services;
(iii)
That result from any actions or inactions of you or any third party, including failure to acknowledge a recovery;
(iv)
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)
That result from failures of individual Instances or volumes not attributable to AWS Region Unavailability;
(vi)
That result from any maintenance including but not limited to a) Zero Day security patches b) Major Software updates to Operating Systems, Database Versions, Application Server Software versions and c) Changes to external 3rd Party API's that are outside of the control of Insites, which may impact availability of Insites such as a product end of life, or decommissioning of services out of the control of Insites as provided for pursuant to the Agreement; or
(vii)
Arising from our suspension and termination of your right to use Insites in accordance with the Agreement (collectively, the "SLA Exclusions"). 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.
We will not be responsible for failure to fulfil any obligations due to causes beyond our control.
