Customer+ Service Level Agreement for BGHDDevelopment® products, defining uptime commitments, eligibility, exclusions, and how service credits are handled.
Last updated: January 2023
This SLA explains how we measure uptime for our license system, when credits apply, and what conditions are excluded so expectations are clear for Customer+ users.
How the BGHDDevelopment® Customer+ SLA works and when it applies.
Our SLA applies to any user who has the Customer+ role within the BGHDDevelopment product lineup.
The Customer+ role is awarded to customers at our sole discretion. A customer may be awarded the Customer+ role upon purchasing a minimum of 4 of our public resources; however, this may not always be the case.
This SLA does not apply to any user who does not have the Customer+ role, regardless of how many BGHDDevelopment paid products they have purchased.
BGHDDevelopment® (“Company”) commits to provide a level of service for Customer+ customers demonstrating the following:
99% License System Uptime: The Service will serve Customer Content 99% of the time without qualification.
Penalties: If the Service fails to meet the above service level, the Customer+ user will receive a credit equal to the result of the Service Credit calculation described in the “Service Credit Calculation” section of this SLA.
Capitalized terms used in this SLA and not otherwise defined have the meanings ascribed to them in the Company’s Terms of Use.
Customer+: A specific service plan provided by Company.
Claim: A claim submitted by Customer to Company pursuant to this SLA that a Service Level has not been met and that a Service Credit may be due.
Customer: The organization that has purchased and explicitly enabled Services from Company at the Customer+ level.
Customer Planned Downtime: Downtime specified by the Customer that is excluded from any calculation of an Outage Period, such as when the Customer has requested Service access be suspended.
Customer Support: Services by which Company may provide assistance to Customer to resolve issues with the Service.
Force Majeure: Downtime minutes resulting from events or conditions beyond Company’s reasonable control, such as natural disasters, large-scale outages, or inability to secure third-party services.
Incident: Any set of circumstances resulting in a failure to meet a Service Level.
Outage Period: The number of downtime minutes resulting from an Unscheduled Service Outage.
Scheduled Availability: The total number of minutes in the month minus any Customer Planned Downtime and downtime caused by Force Majeure.
Service: The connection between BGHDDevelopment products and internal systems, including the license system.
Service Credit: The percentage of the monthly service fees for the Service that is credited to Customer for a validated Claim.
Unscheduled Service Outage: Interruptions to the Service that were not previously communicated to the Customer and that result in the Customer’s application being unavailable. This excludes Customer Planned Downtime and Force Majeure downtime.
Service Level: Standards Company chooses to adhere to and by which it measures the level of service it provides, as set forth in this SLA.
Company provides this SLA subject to the following terms.
To be eligible to submit a Claim for any Incident, the Customer must first have notified Customer Support of the Incident within five business days following the Incident, using the procedures set forth by Company.
To submit a Claim, Customer must contact Customer Support and provide notice of its intention to submit a Claim. Customer must provide all reasonable details, including descriptions of the Incident(s), duration, IPs of affected servers, and any attempts made by Customer to resolve the Incident.
For Company to consider a Claim, Customer must submit it, including sufficient supporting evidence, by the end of the billing month following the month in which the Incident occurred.
Company will use all information reasonably available to validate Claims and make a good faith judgment on whether the SLA and Service Levels apply.
This SLA and any applicable Service Levels do not apply to performance or availability issues:
The amount and method of calculation of Service Credits is described in the “Service Credit Calculation” section.
Service Credits are Customer’s sole and exclusive remedy for any violation of this SLA.
The total amount of Service Credits awarded in any twelve (12) month period shall not exceed $100 under any circumstance.
Service Credits for this SLA will only be calculated against the downtime proof provided in the claim and the demonstrated impact on the user.
For any Outage Period during a monthly period, Company will provide as a Service Credit an amount calculated as follows:
Service Credit = (Outage Period Minutes × Amount of Plugins Affected) ÷ Scheduled Availability Minutes
Company is not responsible for comprehensive monitoring of Customer Content; this responsibility lies with Customer. Company will review data on a Customer’s reported Outage Periods as determined by any commercially reasonable independent measurement system used by the Customer.
Company will use all information reasonably available to calculate the impact during an Outage Period, including analysis of Service data immediately prior to the Outage Period, to estimate the ratio of a Customer’s visitors affected during an Outage Period caused by Company systems not performing correctly.
If you have questions about eligibility, credits, or how this SLA applies to your Customer+ deployment, reach out via Discord and we’ll be happy to help.
Contact us on Discord