Rescale Platform Service Level Agreement
Last updated February 22nd, 2012
This Rescale Platform Service Level Agreement ("SLA") is a policy governing the use of the Rescale's Platform under the terms of the Rescale Customer Agreement (the "Rescale Agreement") between Rescale, Inc. ("Rescale", "us" or "we") and users of Rescale's services ("you"). This SLA applies separately to each account using Rescale's Platform. Unless otherwise provided herein, this SLA is subject to the terms of the Rescale Agreement and capitalized terms will have the meaning specified in the Rescale Agreement. We reserve the right to change the terms of this SLA in accordance with the Rescale Agreement.
Rescale will use commercially reasonable efforts to make Rescale's Platform available with an Annual Uptime Percentage (defined below) of at least 99% during the Service Year. In the event Rescale does not meet the Annual Uptime Percentage commitment, you will be eligible to receive a Service Credit as described below.
- "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 Rescale's Platform was in the state of "Unavailable" If you have been using Rescale's Platform 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 Rescale Platform SLA Exclusion (defined below).
- "Unavailable" means that all of your running Simulation Cores have no external connectivity during a five minute period and you are unable to launch replacement Simulation Cores.
- 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 dollar credit, calculated as set forth below, that we may credit back to an eligible Rescale Platform account.
Service Commitments and Service Credits
If the Annual Uptime Percentage for a customer drops below 99% for the Service Year, that customer is eligible to receive a Service Credit equal to 10% of their bill (excluding one-time payments) for the Eligible Credit Period. To file a claim, a customer does not have to have 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%.
We will apply any Service Credits only against future Rescale Platform payments otherwise due from you; provided that, we may issue the Service Credit to the credit card that you used to pay for Rescale's Platform for the billing cycle in which the error occurred. Service Credits shall not entitle you to any refund or other payment from Rescale. 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 Rescale Agreement, your sole and exclusive remedy for any unavailability or non-performance of Rescale's Platform or other failure by us to provide Rescale's Platform is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA or termination of your use of Rescale's Platform.
Credit Request and Payment Procedures
To receive a Service Credit, you must submit a request by sending an e-mail message to firstname.lastname@example.org. To be eligible, the credit request must (i) include your account number or ID 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 job ids of the simulations 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 Annual Uptime Percentage of such request is confirmed by us and is less than 99% 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.
Rescale Platform SLA Exclusions
The Service Commitment does not apply to any unavailability, suspension or termination of Rescale's Platform, or any other Rescale Platform performance issues: (i) that result from a suspension described in Section 6.1 of the Rescale Agreement; (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 Rescale's Platform; (iii) that result from any actions or inactions of you or any third party; (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 Simulation Cores not attributable to Unavailability; or (vi) arising from our suspension and termination of your right to use Rescale's Platform in accordance with the Rescale Agreement (collectively, the "Rescale Platform 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.