This FORSA Cloud Compute Service Level Agreement (this “SLA”) is a policy governing the use of the Included Services (listed below) and applies separately to each account using the Included Services. In the event of a conflict between the terms of this SLA and the terms of the Master Service Agreement or other agreement with Formulus Black governing the Customer’s use of Formulus Black’s Services (the “Agreement”), the terms and conditions of this SLA apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.
Formulus Black will use commercially reasonable efforts to make the Included Services each available with a Monthly Uptime Percentage of at least 99% during any monthly billing cycle (the “Service Commitment”). In the event any of the Included Services do not meet the Service Commitment, the Customer will be eligible to receive a Service Credit as described below.
Service Credits are calculated as a percentage of the total charges paid by the Customer (excluding one-time payments such as upfront payments made for Reserved Instances) for the individual Included Services (i.e., a specific instance of FC2) for the monthly billing cycle in which the Unavailability occurred (e.g., in the specific instance of FC2) in accordance with the schedule below.
|Outage Time||Service Credit Amount|
|Less than 9 minutes||12 Hours|
|10 – 59 minutes||24 Hours|
|60 – 119 minutes||48 Hours|
|120 – 239 minutes||120 Hours|
|240 – 419 minutes||240 Hours|
|420+ minutes||672 Hours|
Formulus Black will apply any Service Credits only against future payments for the applicable Included Service otherwise due from the Customer. At the discretion of Formulus Black, Formulus Black may issue the Service Credit to the credit card or payment method used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle the Customer to any refund or other payment from Formulus Black. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account.
To receive a Service Credit, the Customer must submit a claim by opening a case with Formulus Black. To be eligible, the credit request must be received by Formulus Black by the end of the second billing cycle after which the incident occurred and must include:
If the Monthly Uptime Percentage of such request is confirmed by Formulus Black and is less than the Service Commitment, then Formulus Black will issue the Service Credit within one billing cycle following the month in which the request is confirmed by Formulus Black. Failure to provide the request and other information as required above will disqualify the Customer from receiving a Service Credit. Unless otherwise provided in the Agreement, this SLA sets forth the Customer’s sole and exclusive remedies, and Formulus Blacks’ sole and exclusive obligations, for any unavailability, non-performance, or other failure to provide the Included Services.
Formulus Black will use commercially reasonable efforts to ensure that each individual FC2 instance (“Single FC2 Instance”) has an Hourly Uptime Percentage of at least 80% of the time in which that Single FC2 Instance is deployed during each clock hour (the “Hourly Commitment”). In the event any Single FC2 Instance does not meet the Hourly Commitment, the Customer will not be charged for that instance hour of Single FC2 Instance usage.
The Service Commitment and Hourly Commitment do not apply to any unavailability, suspension or termination an Included Service, or any other Included Service performance issues: (i) caused by factors outside of the reasonable control of Formulus Black, including any force majeure event or Internet access or related problems beyond the demarcation point of the applicable Included Service; (ii) that result from any actions or inactions of the Customer or any third party, including failure to acknowledge a recovery volume; (iii) that result from the Customer’s equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within the direct control of Formulus Black); or (iv) arising from suspension or termination of the Customer’s right to use the applicable Included Service in accordance with the Agreement. If availability is impacted by factors other than those used in the Monthly Uptime Percentage calculation, then Formulus Black may issue a Service Credit considering such factors at our discretion.