Jan 18, 2023 2:02 PM
Last updated: September 2021
This Epoch Service Level Agreement ("SLA") between Epoch Inc. ("Epoch", "us" or "we") and users of the Epoch Services ("you") governs the use of the Epoch’s Platform Services under the provisions of the Epoch Terms of Service (the "Terms").
Unless otherwise provided herein, this SLA is subject to the provisions of the Terms.
Epoch will use commercially reasonable efforts to make your Epoch Platform’s Services running in Dedicated Environments available with a Monthly Uptime Percentage of at least 99.95% during any billing cycle (the "Service Commitment"). Subject to the SLA Exclusions, if we do not meet the Service Commitment, you will be eligible to receive a Service Credit.
A Monthly Uptime Percentage of 99.95% means that we guarantee you will experience no more than 21.56 min/month of Unavailability.
"Maintenance" means scheduled Unavailability of the Epoch Platform, as announced by us prior to the Epoch Platform becoming Unavailable.
"Monthly Uptime Percentage" is calculated by subtracting from 100% the percentage of minutes during the month in which the Epoch Platform Services were Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA Exclusion.
"Service Credit" means a credit denominated in US dollars, calculated as set forth below, that we may credit back to an eligible account.
"Unavailable" and "Unavailability" mean, for app services and databases, when your service or database is not running or not reachable due to Epoch’s fault. This excludes members of a third-party database cluster where the cluster as a whole is running and reachable.
Service Credits are calculated as a percentage of the total charges due on your Epoch Platform invoice for the billing cycle in which the Unavailability occurred, applied proportionally to the Services that were Unavailable, in accordance with the schedule below:
For Monthly Uptime Percentage less than 99.95% but equal to or greater than 99.0%, you will be eligible for a Service Credit of 10% of the charges attributable to the affected resources
For Monthly Uptime Percentage less than 99.0%, you will be eligible for a Service Credit of 30% of the charges attributable to the affected resources.
For example, if you have a web app feature that is Unavailable for 25 minutes, you would be eligible for a Service Credit for 10% of the Epoch Platform’s usage for the month.
We will apply any Service Credits only against future payments for the Services otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment from Epoch. A Service Credit will be applicable and issued only if the credit amount for the applicable annual 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 Terms, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
To receive a Service Credit, you must submit a claim by emailing email@example.com. To be eligible, the credit request must be received by us by the end of the next billing cycle after which the incident occurred and must include:
the words "SLA Credit Request" in the subject line;
the dates and times of each Unavailability incident that you are claiming;
the account handle(s); and 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 cycle 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.
That results from a suspension or Remedial Action, as described in the Terms;
Caused by factors outside of our reasonable control, including any force majeure event, Internet access, or problems beyond the demarcation point of the Epoch network;
That results from any actions or inactions of you or any third party;
That results from the equipment, software or other technology of you or any third party (other than third party equipment within our direct control);
That results from failures of Epoch Platform Services attributable to forces outside of Epoch’s control affecting Epoch’s third-party providers (i.e. Slack, AWS, Heroku); or that results from any Maintenance. 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.
When the client raises a support issue with Vendor, Vendor promises to respond in a timely fashion.
The response time measures how long it takes Vendor to respond to a support request raised via Vendor’s support system.
Vendor is deemed to have responded when it has replied to the client’s initial request. This may be in the form of an email or telephone call or video conference call, to either provide a solution or request further information.
Response times are measured from the moment the client submits a support request via Vendor’s online support system.
Response times apply during standard working hours (9am — 5.30pm) only, unless the contract between the client and supplier specifically includes provisions for out of hours support. Subject to the above limitations, Vendor promises to respond to support requests within twenty-four (24) hours.
Vendor will always endeavor to resolve problems as swiftly as possible. It recognises that the client’s use of the System is key to its business and that any downtime can cost money. However, Vendor is unable to provide guaranteed resolution times. This is because the nature and causes of problems can vary enormously.
For instance, it may be possible to resolve a fatal server issue in minutes, simply by restarting the server. But if a server fails due to disk error or a hardware fault (also classed as a fatal issue) it may take much longer to get back up and running. In all cases, Vendor will make its best efforts to resolve problems as quickly as possible. It will also provide frequent progress reports to the client.
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