Effective October 1, 2018
This Cloud Storage Service Level Agreement (“SLA”) applies whenever it is incorporated by reference into the Master Services Agreement (“Agreement”) between you and Code42. This SLA does not apply to the CrashPlan for Small Business offering. Capitalized terms used but not defined in this SLA have the meanings given to them in the Agreement.
1. Service commitment
Code42 will provide Cloud Storage with at least 99.9% Availability during each calendar month. If Code42 does not meet this commitment, you are eligible to receive a Service Credit as described below.
2.1 “Availability” means that the Cloud Storage applications in Code42’s data centers are operating to process requests to read and write data.
2.2 “Cloud Storage” means Code42’s cloud-based storage service for backup data from endpoint devices.
2.3 “Service Credit” means a dollar credit, calculated as described below, that Code42 credits back to an eligible Code42 account.
3. Service credits
Service Credits are a percentage of the fee paid to Code42 for Cloud Storage during the calendar month in which Code42 did not meet the Availability commitment. If you paid an annual fee or purchased Cloud Storage as part of a suite or bundle of products, Code42 will calculate Service Credits based on the pro rata portion of the total fee attributable to Cloud Storage for the applicable month. Service Credit percentages are as follows:
|Monthly uptime percentage||Service credit percentage|
|Equal to or greater than 99.0% but less than 99.9%||5%|
|Less than 99.0%||10%|
Code42 will apply Service Credits against your next payment to Code42 for Cloud Storage. If your Cloud Storage subscription expires without renewal, Code42 will promptly issue you a refund for any outstanding Service Credits. Service Credits will not entitle you to any other refund or payment from Code42 and may not be transferred or applied to any other account. Service Credits are your sole and exclusive remedy for any unavailability, non-performance, or other failure by Code42 to provide the Cloud Storage.
4. Credit request and payment procedures
You must request a Service Credit by sending an email to email@example.com with the subject of “Service Credit Request.” You must submit your Service Credit request by the end of the second calendar month following that in which Code42 failed to meet the Availability commitment. For example, if an incident occurred on January 1st, you must notify Code42 by March 31st.
Your request must include (1) a detailed description of the incident, (2) information regarding the time and duration in which the Cloud Storage was not Available, (3) the number and locations of affected Authorized Users, if available, and (4) descriptions of your attempts to resolve the incident at the time of occurrence.
Code42 will evaluate your claim using all reasonably available information and make a good faith determination of whether Code42 met its Availability commitment. If Code42 determines that it did not provide the Cloud Storage within the Availability commitment, then Code42 will issue the Service Credit during the month following that in which Code42 confirmed your request. For example, if Code42 confirms on March 15th that it did not meet its Availability commitment, Code42 will issue you a Service Credit by April 30th.
5. Service credit exclusions
The Availability commitment does not apply to any unavailability of Cloud Storage that results from: (1) your failure to operate the Software or Cloud Service in accordance with the Documentation; (2) Code42’s scheduled maintenance (details available at https://support.code42.com/Terms_and_conditions/Code42_customer_support_resources/Scheduled_maintenance); (3) factors outside of Code42’s reasonable control, including any force majeure event or Internet access or related problems beyond the border router of Code42 datacenter; (4) equipment, software or other technology not provided or controlled by Code42; or (5) Code42’s termination or suspension in accordance with the terms of the Agreement.