Last Updated: Jan 7, 2022
*This brainCloud Uptime Service Level Agreement is only applicable to brainCloud “Business Plan” and above customers*
brainCloud Uptime SLA. brainCloud shall use all reasonable commercial efforts, being no less than accepted industrial standards in this regard, to ensure that the brainCloud Service is available to you 99.9% of the time in any calendar month. If it is not, you may be eligible to receive the Service Credits described below (the “brainCloud Uptime SLA“).
Definitions. The following definitions shall apply to the brainCloud Uptime SLA.
Right to terminate: In the event the Monthly Uptime Percentage for any calendar month is less than 90.0%, you will have a right to terminate brainCloud Service plan with seven (7) days written notice to brainCloud, or alternatively you can opt to procure the One month Credit outlined above.
Customer Must Request Service Credit. In order to receive any of the Service Credits described above, you must notify brainCloud by email or otherwise in writing within thirty (30) days from the time you become eligible to receive a Service Credit.
Maximum Service Credit. The aggregate maximum number of Service Credits you can claim for any and all Downtime Periods that occur in a single calendar month shall not exceed thirty days of Services added to the end of your billing cycle. Service Credits may not be exchanged for, or converted to, monetary compensation.
Uptime SLA Exclusions. The Uptime SLA does not apply to any performance issues: (i) caused by factors outside of brainCloud’s reasonable control; (ii) that resulted from any actions or inactions of you or any third parties; or (iii) that resulted from your equipment and/or third party equipment (not within the primary control of brainCloud). This brainCloud SLA states your sole and exclusive remedy for any failure by brainCloud to provide the Services as a result of Downtime.