Last Updated: 15 June, 2022
This Alectrona Hosted Services Service Level Agreement (“SLA”) governs the use of Alectrona Hosted Services (“Hosted Services”) and applies separately to each account (“Account”) using Hosted Services. In the event of a conflict between the terms of this SLA and the terms of another agreement with us governing your use of our services, including but not limited to the Services Agreement, the terms and conditions of this SLA apply, but only to the extent of such conflict.
Alectrona will use commercially reasonable efforts to make Hosted Services available at least 99.9% of the time measured on a per calendar month basis. Hosted Services is defined as unavailable to the Account if an authorized user cannot access and use material functions of Hosted Services for a continuous period of five minutes or longer, excluding periods of scheduled or emergency maintenance. Scheduled maintenance is conducted during non-business hours. In the event Alectrona does not meet availability of 99.9% in a calendar month, the Account may be eligible to receive a credit to be applied to future Hosted Services Subscription fees (“Service Credit(s)”). Service Credits do not entitle the Account to any refund or other payment from Alectrona.
The service commitment does not apply to any unavailability, suspension, or termination of Hosted Services caused by factors outside of Alectrona’s reasonable control, including but not limited to, 1) internet disruptions; 2) Account error; 3) Account’s or Account’s third-party service provider’s equipment, software, or other technology; 4) Account’s failure to modify Account’s use of Hosted Services after being instructed to do so by Alectrona; 5) Account’s failure to adhere to required configurations, use supported platforms, or follow acceptable use policies; 6) using Hosted Services in a manner inconsistent with its features or functionality or published guidance; or 7) violating the terms of the Services Agreement (collectively, “Exclusions”). Account must be in good standing to be eligible for Service Credits and must make a good faith effort with Alectrona to resolve issues related to Account’s configuration of Hosted Services.
To receive a Service Credit, Account must submit a formal Service Credit request by sending claim to firstname.lastname@example.org within sixty days of an incident as defined in Section 1 of this SLA. The Service Credit request must include the dates and times of each incident and the functions Account was performing or unable to perform during each incident. Account administrators and authorized users will reasonably cooperate with Alectrona to provide all necessary incident details. Alectrona will issue notice of availability of a Service Credit or a denial within thirty days after receipt of the Service Credit request. Alectrona will, in good faith, determine Service Credits in its sole discretion. Service Credits are the only remedy available for service interruptions under this SLA.
For any calendar month the Service Commitment is below 99.9% and for which a Service Credit request is made by Account, Service Credits are issued in accordance with the following schedule:
a. 99.0% to 99.9% - 5%Service Credit;
b. 95.0% to 98.9% - 15% Service Credit;
c. Less than 95.0% - 75%Service Credit.
Fees and payment are in accordance with the terms of the Services Agreement.
Alectrona will conduct regularly scheduled backups of Hosted Services and maintain backups on a thirty-day basis, but does not guarantee availability of backups beyond the thirty-day period for which backups are maintained. The scheduling of backups are at Alectrona’s sole discretion. Account authorized user may initiate a restoration request by sending an email to email@example.com and opening a technical support case. Alectrona’s obligation to restore Account backups will cease within thirty days after Hosted Services services have been terminated for any reason.
Alectrona may change, revise, or replace this SLA upon thirty-days’ notice. Account’s continued use of Hosted Services after any changes takes effect constitutes Account’s acceptance of such changes, revisions, or replacements.
If the performance of this SLA or any Service Commitment is prevented, restricted, or interfered with by causes beyond Alectrona’s reasonable control (“Force Majeure”), and if Alectrona gives prompt written notice of such event, then the obligations of Alectrona shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages or other labor disputes, or supplier failures. Alectrona shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased.
This SLA will be construed in accordance with the laws of the Commonwealth of Virginia.