Last Updated: February 6, 2020
This Tier 2 Technologies Service Level Agreement (“SLA”) is a policy governing the use of Tier 2 Technologies Cloud Services (“Cloud Services”) and applies separately to each account using the Cloud Services.
Service Commitment
Tier 2 Technologies will use commercially reasonable efforts to make Cloud Services available with a Monthly Uptime Percentage for each Tier 2 Technologies region, during any monthly billing cycle, of at least 99.99% (the “Service Commitment”). In the event Cloud Services does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.
Service Credits
Service Credits are calculated as a percentage of the total charges paid by you for Cloud Services in the affected region for the monthly billing cycle in which the Monthly Uptime Percentage fell within the ranges set forth in the table below:
| Monthly Uptime Percentage | Service Credit Percentage |
| Less than 99.99% but greater than or equal to 99.0% | 10% |
| Less than 99.0% but greater than or equal to 97.5% | 25% |
| Less than 97.5% but greater than or equal to 95.0% | 50% |
| Less than 95.0% | 100% |
We will apply any Service Credits only against future Cloud Services payments otherwise due from you. At our discretion, we may issue the Service Credits 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 Tier 2 Technologies. Service Credits will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than five dollars ($5 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Agreement, your sole and exclusive remedy for any unavailability or non-performance or other failure by us to provide Cloud Services is the receipt of Service Credits (if eligible) in accordance with the terms of this SLA.
Credit Request and Payment Procedures
To receive Service Credits, you will need to submit a claim by emailing [email protected]. 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:
(i) the words “SLA Credit Request” in the subject line;
(ii) the billing cycle and Tier 2 Technologies region(s) with respect to which you are claiming Service Credits, together with the Monthly Uptime Percentage for that region for the billing cycle and the specific dates, times, and Availabilities for each 5-minute interval with less than 100% Availability in that region throughout the billing cycle;
(iii) your application logs that document the errors for your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).
If the Monthly Uptime Percentage of such credit request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credits to you within one billing cycle following the month in which the credit request occurred. Your failure to provide the credit request and other information as required above will disqualify you from receiving Service Credits.
Cloud Services SLA Exclusions
The Service Commitment does not apply to any unavailability, suspension or termination of Cloud Services, or any other Cloud Services performance issues: (i) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of Cloud Services; (ii) that result from any voluntary actions or inactions from you or any third party (e.g. credential settings, changing keys, or making the keys inaccessible, etc.); (iii) that result from you not following the best practices described in docs.tier2tickets.com; or (iv) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control). If availability is impacted by factors other than those explicitly used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion
Definitions
- “Availability” is calculated for each 5-minute interval as the percentage of Requests processed by Cloud Services that do not fail with Errors and relate solely to the provisioned Cloud Services functions. If you did not make any Requests in a given 5-minute interval, that interval is assumed to be 100% available.
- An “Error” is any Request that fails to create a support ticket in the properly configured and functioning ticket system or email connector.
- “Monthly Uptime Percentage” for a given region is calculated as the average of the Availability for all 5-minute intervals in a monthly billing cycle. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Cloud Services SLA Exclusion.
- “Request” is an invocation of a Cloud Services function by using the tier2tickets software to submit a support-request help-desk ticket.
- A “Service Credit” is a dollar credit, calculated as set forth above, that we may credit back to an eligible account.