Service Level Agreement / SLA
Last updated: January 2023
WHO DOES THIS APPLY TO?
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.
Our SLA doesn't apply to any user who does not have Customer+ role regardless of the number of BGHDDevelopment paid products they purchased.
UPTIME GUARANTEE
Business Service Level Agreement ("SLA"). BGHDDevelopment ("Company") commits to provide a level of service for Customer+ Customers demonstrating:
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 in Service Credit Calculation of this SLA.
DEFINITIONS
Capitalized terms used in this SLA and not otherwise defined have the meanings ascribed to them in the Company’s Terms of Use.
"Customer+" is a specific service plan provided by Company.
"Claim" means 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 to Customer.
"Customer" refers to the organization that has purchased and explicitly enabled Services from Company at the Customer+ Level.
"Customer Planned Downtime" is downtime specified by the Customer that is to be excluded from any calculation of an Outage Period. This would apply to any time when the Customer has requested Service access suspended from their environment.
"Customer Support" means the services by which Company may provide assistance to Customer to resolve issues with the Service.
"Force Majeure" refers to any downtime minutes that are the result of events or conditions beyond Company’s reasonable control. Such events might include but are not limited to any acts of common enemy, the elements, earthquakes, floods, fires, epidemics, and inability to secure products or services from other persons or entities.
"Incident" means any set of circumstances resulting in a failure to meet a Service Level.
"Outage Period" is equal to the number of downtime minutes resulting from an Unscheduled Service Outage.
"Scheduled Availability" is the total number of minutes in the month minus any Customer Planned Downtime, and downtime caused by Force Majeure.
"Service" means the connection between BGHDDevelopment products and our internal systems including: License System.
"Service Credit" is the percentage of the monthly service fees for the Service that is credited to Customer for a validated Claim.
"Unscheduled Service Outage" are those interruptions to the Service that have not been previously communicated to the Customer and that result in the Customer’s application being unavailable to its customers or users. Unscheduled Service Outages exclude downtime minutes resulting from Customer Planned Downtime or downtime cause by Force Majeure.
"Service Level" means standards Company chooses to adhere to and by which it measures the level of service it provides as specifically set forth below.
Service Credit Claims
Company provides this SLA subject to the following terms.
In order to be eligible to submit a Claim with respect to any Incident, the Customer must first have notified Customer Support of the Incident, using the procedures set forth by Company, within five business days following the Incident.
To submit a Claim, Customer must contact Customer Support and provide notice of its intention to submit a Claim. Customer must provide to Customer Support all reasonable details regarding the Claim, including but not limited to, detailed descriptions of the Incident(s), the duration of the Incident, the IP's of servers affected and any attempts made by Customer to resolve the Incident.
In order for Company to consider a Claim, Customer must submit the Claim, including sufficient evidence to support the Claim, by the end of the billing month following the billing month in which the Incident which is the subject of the Claim occurs.
Company will use all information reasonably available to it to validate Claims and make a good faith judgment on whether the SLA and Service Levels apply to the Claim.
SLA Exclusions
This SLA and any applicable Service Levels do not apply to any performance or availability issues:
Due to factors outside Company’s reasonable control (includes downtime from our hosting providers);
That resulted from Customer’s or third party hardware or software;
That resulted from actions or inactions of Customer or third parties;
That resulted from modifications made by a licensed source code purchaser;
Caused by Customer’s use of the Service after Company advised Customer to modify its use of the Service, if Customer did not modify its use as advised;
During beta and trial Service (as determined by Company); Or
Attributable to the acts or omissions of Customer or Customer’s employees, agents, contractors, or vendors, or anyone gaining access to Company’s Service by means of Customer’s Authorized Users’ accounts or equipment.
Service Credits
The amount and method of calculation of Service Credits is described below 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, under any circumstance, exceed $100.
Service Credits for this SLA will only be calculated against the downtime proof provided in the claim and the impact on the user.
Service Credit Calculation
For any and each Outage Period during a monthly period the Company will provide as a Service Credit an amount calculated as follows: Service Credit = (Outage Period Minutes * Amount of Plugins Effected) ÷ Scheduled Availability Minutes
Methodology
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 it in order to calculate the Affected Customer Ratio during an Outage Period, including analysis of Service Data immediately prior to the Outage Period to estimate the ratio of a Customer’s visitors that were affected during an Outage Period caused by our systems not preforming correctly.