This V7 Darwin Service Level Agreement (this “SLA”) is a policy governing the use of the Services (listed below) and applies separately to each Account using the Services. In the event of a conflict between the terms of this SLA and the terms of the V7 Darwin Terms of Service or other agreement with us governing your use of our Services (the “Agreement”), the terms and conditions of this SLA apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.
V7 and its Agents will use commercially reasonable efforts to make the Included Services with a Monthly Uptime Percentage (“MUP”) of at least 99.9%, in each case during any monthly billing cycle (the “Service Commitment”). In the event any of the Included Services do not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.
Service Credits are calculated as a percentage of the total charges paid by you (excluding yearly payments for Private Cloud or On-Premise options and any one-time fee) for the individual Included Service for the monthly billing cycle in which the Unavailability occurred. In the case of a MUP of less than 99% but equal to or greater than 95%, a 10% Service Credit applies. In the case of a MUP of less than 95%, a 50% Service Credit applies.
To receive a Service Credit, you must submit a claim by contacting V7 support through support@V7labs.com.
Your email must include:
1. the words “SLA Credit Request” in the subject line;
2. the dates, times, and affected Service of each Unavailability incident that you are claiming;
3. the Team name for the affected Included Service ; and
4. your request logs that document the errors and corroborate 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 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. Unless otherwise provided in the Agreement, this SLA sets forth your sole and exclusive remedies, and V7’s sole and exclusive obligations, for any unavailability, non-performance, or other failure by us to provide the Included Services.
“Unavailable” and “Unavailability” mean when a server instance of V7 or one of it’s Agents (namely: Amazon Web Services, Microsoft Azure) has no external connectivity.