This agreement is in effect as of June 2016.
This SimpleBI Service Level Agreement (“SLA”) between SimpleBI, Inc. (“SimpleBI”, “us” or “we”) and users of the SimpleBI Services (“you”) governs the use of the SimpleBI Software as a Service tools under the provisions of the Terms of Service (the “Terms”).
This SLA applies separately to each of your Dedicated Environments, as well as any shared environments used with the Software as a Service subscription defined in the Terms. This SLA does not apply to shared environments.
Unless otherwise provided herein, this SLA is subject to the provisions of the Terms. Capitalized words and phrases have the meaning specified in the Terms. We reserve the right to change the terms of this SLA in accordance with the Terms.
SimpleBI will use commercially reasonable efforts to make the SimpleBI Software as a service available with a Monthly Uptime Percentage of at least 99.95% during any monthly billing cycle (the “Service Commitment”). Subject to the SimpleBI SLA Exclusions, if we do not meet the Service Commitment, you will be eligible to receive a Service Credit.
A Monthly Uptime Percentage of 99.95% means that we guarantee you will experience no more than 21.56 min/month of Unavailability.
“SimpleBI Software as a service” mean IBM Cognos Analytics and databases running on SimpleBI ‘s cloud infrastructure on IBM Softlayer.
“Maintenance” means scheduled Unavailability of the Software as a Service, as announced by us prior to the Software as a Service becoming Unavailable.
“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the SimpleBI Software as a Service were Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SimpleBI SLA Exclusion.
“Service Credit” means a credit denominated in CDN dollars, calculated as set forth below, that we may credit back to an eligible account.
“Unavailable” and “Unavailability” mean:
Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments, e.g. for training, etc.) for the monthly billing cycle in which the Unavailability occurred in accordance with the schedule below:
We will apply any Service Credits only against future payments for the Services otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment from SimpleBI. 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 CDN). Service Credits may not be transferred or applied to any other account.
Unless otherwise provided in the Terms, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the SimpleBI Software as a service is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
To receive a Service Credit, you must submit a claim by emailing firstname.lastname@example.org. To be eligible, the credit request must be received by us 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 us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.
The Service Commitment does not apply to any unavailability, suspension or termination of the SimpleBI Software as a service, or any other SimpleBI Containerized Service performance issues:
If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.