Service Level Commitment
Dasera will use commercially reasonable efforts to make the Dasera SaaS (i.e., hosted) environment available with a Monthly Uptime Percentage (defined below) of at least 99.5%. If the Service Commitment is not met, you will be eligible to receive a Service Credit to be applied as described below.
Dasera SaaS services are available if Customer is able to login to its Dasera SaaS account and conduct a data store scan.
Service Level Credit
Service Credits are calculated as a percentage of the monthly SaaS subscription fee (equal to 1/12th of the yearly SaaS subscription fees) for the affected Dasera SaaS environment for the month in which the unavailability occurred as follows: (Monthly SaaS subscription fee) x (Service Commitment – Monthly Uptime Percentage) (e.g. $1,000 x (99.5% - 95%) = $45). Service Credits are subject to a maximum of 10% of the total annual spend for that Dasera SaaS subscription, under the relevant order, per annual term.
Dasera will apply Service Credits only against a renewal of or the purchase of additional Dasera SaaS subscriptions by you or for your benefit within one year after confirmation of the Service Credits by Dasera. You must have a current Dasera SaaS subscription to use a Service Credit. If not applied within that year, the Service Credit will automatically expire. Service Credits will not entitle you to any refund or other payment from Dasera. You are eligible to receive a Service Credit only if the month in which Dasera fails to meet the Monthly Uptime Percentage target falls entirely within the applicable paid subscription term. Service Credits may not be transferred or applied to any other account or environment. Unless otherwise provided in the Agreement between us for the affected SaaS Subscription, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the Dasera SaaS environment is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
Service Level Credit
To receive a Service Credit, you must submit a claim by contacting Dasera Support. To be eligible, the credit request must be received by us by the end of the month immediately after the month in which the incident occurred and must include:
- The words "SLA Credit Request" in the subject line;
- The dates and times of each Unavailability incident that you are claiming
- The URL of the affected environment
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 be applied as described in this SLA. Your failure to provide the details of the request as set out in this SLA and other information as requested by Dasera will disqualify you from receiving a Service Credit.
Customer will not be entitled to a service credit if it is in breach of the Dasera General Terms, including any of its payment obligations. The Service Level Commitment does not apply to any downtime, suspension or termination of the Dasera Hosted Services (or any Dasera software operating in connection with the Dasera Hosted Services) that results from:
- Account suspension or termination due to Customer’s breach of the Dasera General Terms.
- Routine scheduled maintenance, as announced on http://status.dasera.com/
- Unscheduled, emergency maintenance or any condition beyond Dasera’s reasonable control, including accidents, acts of God, government acts, civil unrest, acts of war or terrorism, strikes or other labor problems, pandemics, epidemics, failures in telecommunications, internet, internet service provider or hosting facilities, power shortages and denial of service attacks.
- Customer’s equipment, software or other technology, or third-party equipment, software or technology (other than those which are under Dasera’s control)
- Third-party issues, including AWS issues (typically announced at http://status.aws.amazon.com) and issues on customer side.
- Failure resulting from software or technology for which Dasera is not responsible under the Dasera General Terms.
- Customer’s ability or inability to operate an HTTPS Listener. For purposes of the Service Level Commitment, downtime from a public cloud provider’s HTTPS listener is excluded from the calculation of the availability of the Dasera Hosted Services.
Dasera does not provide any Service Level Commitment for free, proof-of-concept or unpaid trial services.
Service Credit Claim
To receive a service credit, Customer must file a claim for the service credit within five (5) days following the end of the calendar quarter in which Customer believes that the Service Level Commitment was not met, by contacting Dasera at firstname.lastname@example.org with a complete description of the downtime, including how Customer was adversely affected and for how long Customer experienced the downtime. Customer shall be deemed to waive any service credit if Customer does not file the claim within five (5) days following the end of the calendar quarter in which Customer believes that the Service Level Commitment was not met. All service credit requests will be verified against Dasera’s system records. Dasera reserves the right to deny the service credit if the Customer does not qualify.
The service credit remedy set forth in this Service Level Schedule is the Customer’s sole and exclusive remedy for the unavailability of the Dasera Hosted Services, and, under no circumstance, shall the unavailability of the Dasera Hosted Services be deemed a breach by Dasera of its obligations under the Dasera General Terms.
All capitalized terms not defined in this Service Level Schedule have the meaning set forth in the Dasera General Terms.