For purposes of this Service Level Agreement:
“Availability” means the percentage of a particular month that the customer’s cloud service is available for access by the Insight Technologies monitoring system, excluding periods of Scheduled or Emergency Maintenance;
“Cloud Server” means your unique virtual machine instance;
“DaaS Fees” means the fees for your DaaS instance for the monthly billing period in which the failure occurred and includes monthly virtual machine instance and bandwidth charges;
“Data center network” means the portion of the Insight Technologies network extending from the network egress point of your DaaS host to the outbound port of the data center border router;
“Emergency Maintenance” means maintenance activities performed by Insight Technologies with little or no advance notice when necessary to protect and maintain the security and integrity of Insight Technologies services.
“Scheduled Maintenance” means maintenance activities performed by Insight Technologies as part of operating the Services. Insight Technologies will do its best to provide 24 hours advanced notice to customers of scheduled maintenance activities and expected impact.
It is Insight Technologies’s objective to achieve 99.9% Availability for the Insight Technologies DaaS service.
If we fail to meet the objective stated above, you may be eligible for a credit. Credits will be calculated as a percentage of the fees for those cloud servers adversely affected by the failure for the current monthly billing period during which the failure occurred (to be applied at the end of the billing cycle), as follows:
|Service Availability||Total Downtime in a 30 Day Calendar Month||Credit|
|99.9% – 100%||Up to 43.2 minutes||0%|
|99% to 99.9%||43.2 minutes up to 7.2 hours||10%|
|98% to 98.9%||7.2 to 14.4 hours||15%|
|95% to 97.9%||14.4 to 36 hours||25%|
|90% to 94.9%||36 to 72 hours||50%|
|Less than 90%||More than 72 hours||100%|
You are not entitled to a credit if you are in breach of your services agreement with Insight Technologies (including your payment obligations to us). You are not entitled to a credit if downtime would not have occurred but for your breach of your agreement with Insight Technologies or your misuse of the Services. You are not entitled to a credit for downtime or outages resulting from denial of service attacks, virus activity, hacking attempts, Internet or connectivity outages outside of the Insight Technologies network, issued caused by an out-of-date DaaS Agent, or any other circumstances that are not within our control.
To receive a credit, you must request a credit in writing to Insight Technologies within ten (10) days following the end of the downtime. Requests must include the date and time of the unavailability of services. You must show that your use of the DaaS service was adversely affected in some way as a result of the downtime to be eligible for the credit.
Notwithstanding anything in this Service Level Agreement to the contrary, the maximum total credit for the monthly billing period, including all guaranties, shall not exceed 100% of your Insight Technologies DaaS fee for that billing period for the affected service. Credits that would be available but for this limitation will not be carried forward to future billing periods.
This Service Level Agreement is part of your Insight Technologies Cloud Terms of Service.