Spanning Backup Service Level Agreement
June 1, 2012
This Service Level Agreement (“SLA”) between Spanning Cloud Apps, Inc. (“Spanning”), and the customer (“Customer”) of the Spanning Backup for Google Apps service (“Service”) sets forth the service level terms and conditions.
Definitions. The following definitions shall apply to the Spanning Backup SLA:
- “Downtime” means the Service is unavailable for Customer.
- “Monthly Uptime Percentage” means total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month.
- “Service Credit” means a credit calculated as the difference between the Service Availability Goal and the Monthly Uptime Percentage, multiplied by the customer’s monthly fee.
Spanning Backup SLA. While the Customer is receiving the Service under the Spanning Backup Agreement (“Agreement”), the Service will be operational and available to Customer at least 99.9% of the time (the “Service Availability Goal”) in any calendar month (the “Spanning Backup SLA”). If Spanning does not meet the Spanning Backup SLA, and if Customer meets its obligations under this Spanning Backup SLA, Customer will receive the Service Credit. This Spanning Backup SLA states Customer’s sole and exclusive remedy for any failure by Spanning to meet the Spanning Backup SLA.
Spanning Backup SLA Exclusions. The SLA does not apply to any services that expressly exclude this SLA (as stated in the documentation for such services) or any performance issues: (i) caused by force majeure events; or (ii) that resulted from Customer’s equipment or services, or third party equipment or services.
