This Service Level Agreement for Chainformation Franchise Intranet (this “SLA”) is made by Microsoft with Chainformation AB as undersigner for their Franchise Intranet cloud based service. This SLA is a part of the EULA/Subscription Agreement under which Customer/End User has purchased the cloud service Franchise Intranet (The Service) from Chainformation or Chainformation Authorized Reseller. This hosting service covers Customer data stored and processed within Microsoft Data Centers placed within the European Union.
Chainformation provide financial backing to our commitment to achieve and maintain Service Levels for the technical hosting of our Services. If we do not achieve and maintain the Service Levels as described in this SLA, then Customer may be eligible for a credit towards a portion of the monthly hosting fees. These terms will be fixed for term of Customers EULA or Subscription Agreement.
i. “Claim” means a claim submitted by Customer to Chainformation or Chainformation Authorised Reseller pursuant to this SLA that a Service Level has not been met and that a Service Credit may be due to Customer.
ii. “Customer” refers to the organization that has entered into the Chainformation EULA or Subscription Agreement.
iii. “Customer Support” means the services by which Chainformation or Chainformation Authorised Reseller may provide assistance to Customer to resolve issues with the Services.
iv. “Error Code” means an indication that an operation has failed, such as an HTTP status code in the 5xx range.
v. “External Connectivity” is bi-directional network traffic over supported protocols such as HTTP and HTTPS that can be sent and received from a public IP address.
vi. “Incident” means any set of circumstances resulting in a failure to meet a Service Level.
vii. “Chainformation or Chainformation Authorized Reseller” means the entity that appears on Customer’s EULA or Subscription Agreement.
viii. “Service” or “Services” refers to a cloud service provided to Customer pursuant to the Agreement for which an SLA is provided below.
ix. “Service Credit” is the percentage of the monthly hosting fees for the affected Service or Service Resource that is credited to Customer for a validated Claim.
x. “Service Level” means standards Chainformation chooses to adhere to and by which it measures the level of service it provides for each Service as specifically set forth below.
xi. “Service Resource” means an individual resource available for use within a Service.
xii. “Support Window” refers to the period of time during which a Service feature or compatibility with a separate product or service is supported.
b. Service Credit Claims
i. In order for Chainformation or Chainformation Authorized Reseller to consider a Claim, Customer must submit the Claim to Customer Support within two months of the end of the billing month in which the Incident that is the subject of the Claim occurs. Customer must provide to Customer Support all information necessary for Chainformation to validate the Claim, including but not limited to detailed descriptions of the Incident, the time and duration of the Incident, the affected resources or operations, and any attempts made by Customer to resolve the Incident.
ii. Chainformation will use all information reasonably available to it to validate the Claim and to determine whether any Service Credits are due.
iii. In the event that more than one Service Level for a particular Service is not met because of the same Incident, Customer must choose only one Service Level under which a Claim may be made based on the Incident.
iv. Service Credits apply only to fees paid for the particular hosting Service for which a Service Level has not been met. The hosting fee, from which any claim is calculated, is defined in the Customers EULA or Subscription Agreement.
c. SLA Exclusions.
This SLA do not apply to any performance or availability issues:
i. Due to factors outside Chainformation’s reasonable control (for example, a network or device failure external to Microsoft Azure’s data centers, including at Customer’s site or between Customer’s site and Microsofts Azure’s data center);
ii. That resulted from Customer’s use of hardware, software, or services not provided by Chainformation as part of the Services (for example, third-party software or other services not provided by Chainformation);
iii. Due to Customer’s use of the Service in a manner inconsistent with the features and functionality of the Service (for example, attempts to perform operations that are not supported) or inconsistent with Chainformation’s published documentation or guidance;
iv. That resulted from faulty input, instructions, or arguments (for example, requests to access files that do not exist);
v. Caused by Customer’s use of the Service after Chainformation advised Customer to modify its use of the Service, if Customer did not modify its use as advised;
vi. That resulted from Customer’s attempts to perform operations that exceed prescribed quotas or that resulted from Chainformation’s throttling of suspected abusive behavior;
vii. Attributable to acts by persons gaining unauthorized access to Chainformation’s Service by means of Customer’s passwords or equipment or otherwise resulting from Customer’s failure to follow appropriate security practices.
d. Service Credits
i. The amount and method of calculation of Service Credits is described below.
ii. Service Credits are Customer’s sole and exclusive remedy for any failure by Chainformation to meet any Service Level.
iii. The Service Credits awarded in any billing month for a hosting service will not, under any circumstance, exceed Customer’s total monthly service fees for the hosting service in the billing month.
iv. Approved Service Credits are redeemed through a credit to Customers monthly Franchise Intranet Service Invoice.
2. Chainformation Services Subject to SLA
The Franchise Intranet Cloud Service or “Website”
i. Additional Definitions
A. “Website” is the Chainformation Franchise Intranet service, a cloud based information service/intranet as described in Chainformation EULA and which is deployed for Customer.
ii. Monthly Uptime Calculation and Service Levels for Websites Service
A. “Deployment Minutes” is the total number of minutes that a given Website has been set to running in Microsoft Azure during a billing month. Deployment Minutes is measured from when the Website first was accessed by a Customer System Admin account.
B. “Maximum Available Minutes” is the sum of all Deployment Minutes for a Website under Chainformation EULA or Subscription Agreement during a billing month.
C. “Downtime” is the total accumulated Deployment Minutes, in a given Chainformation EULA or subscription, during which the Website is unavailable. A minute is considered unavailable for a given Website when there is no external connectivity from the Microsoft Azure data center.
D. “Monthly Uptime Percentage” for the Websites Service is calculated as Maximum Available Minutes less Downtime divided by Maximum Available Minutes in a billing month for a given Chainformation Azure subscription. Monthly Uptime Percentage is represented by the following formula:
E. The following Service Levels and Service Credits are applicable to Customer’s use of the Websites Service:
|Monthly Uptime Percentage||Service Credit|