This DataStax Managed Cloud Service Level Agreement (“SLA”) is incorporated into, and forms a part of, the DataStax Managed Cloud Subscription Terms (the “Agreement”). Capitalized terms used in this SLA will have the meaning specified in the Agreement.
1.1. “Service Quarter” means any full DataStax fiscal quarter (for fiscal years ending January 31) during the Subscription Term.
1.2 “Quarterly Uptime Percentage” is calculated by subtracting from the percentage of 5-minute periods during the Service Quarter in which the Software was Unavailable from 100%, excluding SLA Exclusions.
1.3 “Unavailable” means that the Software is not able to respond to specific optimal queries that are used by the system to determine availability within 10 retries in a one minute interval.
1.4 “SLA Credit” means a United States dollar credit, calculated as set forth in this SLA, that DataStax applies toward Subscription Fees or Professional Service Fees owed by Customer to DataStax.
DataStax will make the Software available with a Quarterly Uptime Percentage of at least 99.9% during each Service Quarter (the “Service Commitment”). In the event DataStax does not meet the Service Commitment, as Customer’s sole and exclusive remedy for such failure, Customer will be eligible to receive an SLA Credit as described below.
If the Quarterly Uptime Percentage is less than 99.9% but greater than 99% for a Service Quarter, Customer is eligible to receive an SLA Credit with a value equal to ten (10) days of Managed Cloud Service as priced in the applicable Order Schedule. If the Quarterly Uptime Percentage is less than 99% for a Service Quarter, Customer is eligible to receive an SLA Credit equal to 25 days of Managed Cloud Service as priced in the applicable Order Schedule. Under no circumstances will the SLA Credit be applied to (a) any DataStax charges for one-time integration; (b) any charges relating to third party products or services, or (c) any charges or fees applicable to an agreement other than the Agreement. DataStax will apply any SLA Credits only against Subscription Fees or Professional Service Fees due from Customer to DataStax. SLA Credits do not entitle Customer to any cash refund or other payment from DataStax. SLA Credits may not be transferred, redeemed, or applied to any other account.
To receive an SLA Credit, Customer must submit a request by sending an e-mail message to email@example.com. To be eligible, the credit request must (i) include Customer’s DataStax account number in the subject of the e-mail message; (ii) include, in the body of the e-mail, the dates and times of each incident Customer experienced in which the Software was Unavailable; and (iii) be received by DataStax in the calendar quarter immediately following the calendar quarter for which Customer seeks a SLA Credit. If the Quarterly Uptime Percentage in such request is confirmed by DataStax as less than 99.9% for the Service Quarter, then DataStax will issue the SLA Credit to Customer within one billing cycle following the Service Quarter in which the request was received. Customer will not be entitled to any SLA Credit if Customer does not follow the procedures and timelines set forth in this SLA.
The Service Commitment does not apply to any unavailability or inaccessibility of the Software or any Software performance issues: (i) that ariseprior to successful completion of Services delivery under the onboarding Service package, orthat result from scheduled maintenance of which DataStax has provided advance notice; (ii) caused by factors outside of DataStax’s reasonable control, including any force majeure event or Internet access failure or related problems beyond the demarcation point of the Software (iii) that result from any actions or inactions of Customer or any third party, including unauthorized modifications to the Software or Cloud Environment; (iv) that result from any third party services, equipment, software or other technology (including from the provider of the Cloud Environment) other than third party equipment within DataStax’s direct management and control; (v) that result from Customer’s refusal to cooperate with DataStax to increase Customer’s Node count as recommended by DataStax; (vi) that result from a denial of service or similar malicious attack; or (vii) that arise from DataStax’s suspension or termination of Customer’s right to use the Software in accordance with the Agreement (collectively, the “SLA Exclusions”).