Last updated: September 23, 2015
We guarantee at least 99.9% availability of Better Outcomes Now for paid Better Outcomes Now users to access the associated account.
This Service Level Agreement for Better Outcomes Now (this “SLA”) is a part of your licensing agreement (the “Agreement”). Capitalized terms used but not defined in this SLA will have the meaning assigned to them in the Agreement. This SLA applies to Better Outcomes Now listed herein (a “Service”).
If we do not achieve and maintain the Service Levels as described in this SLA, then you may be eligible for a credit towards time added to your subscription.
We will not modify the terms of your SLA during the initial term of your subscription; however, if you renew your subscription, the version of this SLA that is current at the time of renewal will apply throughout your renewal term.
“Applicable Monthly Period” means, for a calendar month in which a Service Credit is owed, the number of days that you are a subscriber for a Service.
“Applicable Monthly Service Fees” means the total fees actually paid by you for a Service that are applied to the month in which a Service Credit is owed.
“Downtime” is defined for each Service in the Services Specific Terms below. Downtime does not include Scheduled Downtime. Downtime does not include unavailability of a Service due to limitations described below and in the Services Specific Terms.
“Error Code” means an indication that an operation has failed, such as an HTTP status code in the 5xx range.
“External Connectivity” is bi-directional network traffic over supported protocols such as HTTP and HTTPS that can be sent and received from a public IP address.
“Incident” means (i) any single event, or (ii) any set of events, that result in Downtime.
“Management Portal” means the web interface, provided by Better Outcomes Now, through which customers may manage the Service.
“Scheduled Downtime” means periods of Downtime related to network, hardware, or Service maintenance or upgrades. We will publish notice or notify you at least five (5) days prior to the commencement of such Downtime.
“Service Credit” is the percentage of the Applicable Monthly Service Fees credited to you following Better Outcomes Now’s claim approval.
“Service Level” means the performance metric(s) set forth in this SLA that Better Outcomes Now agrees to meet in the delivery of the Services.
“Service Resource” means an individual resource available for use within a Service.
“Success Code” means an indication that an operation has succeeded, such as an HTTP status code in the 2xx range.
“Support Window” refers to the period of time during which a Service feature or compatibility with a separate product or service is supported.
“User Minutes” means the total number of minutes in a month, less all Scheduled Downtime, multiplied by the total number of users.
For Better Outcomes Now to consider a claim, you must submit the claim to customer support at Better Outcomes Now including all information necessary for Better Outcomes Now to validate the claim, including but not limited to: (i) a detailed description of the Incident; (ii) information regarding the time and duration of the Downtime; (iii) the number and location(s) of affected users (if applicable); and (iv) descriptions of your attempts to resolve the Incident at the time of occurrence.
We must receive the claim by the end of the calendar month following the month in which the Incident occurred. For example, if the Incident occurred on February 15th, we must receive the claim and all required information by March 31st.
We will evaluate all information reasonably available to us and make a good faith determination of whether a Service Credit is owed. We will use commercially reasonable efforts to process claims during the subsequent month and within forty five (45) days of receipt. You must be in compliance with the Agreement in order to be eligible for a Service Credit. If we determine that a Service Credit is owed to you, we will apply the Service Credit to your Subscription.
Service Credits are your sole and exclusive remedy for any performance or availability issues for any Service under the Agreement and this SLA.
Service Credits apply only to fees paid for the particular Service, for which a Service Level has not been met. The Service Credits awarded in any billing month for a particular Service will not, under any circumstance, exceed your monthly service fees for that Service, as applicable, in the billing month.
The Service Credit will be based on the amount of documented Downtime of the applicable Service, as determined by us in our reasonable discretion.
This SLA and any applicable Service Levels do not apply to any performance or availability issues:
“User Plan” refers to the set of features and capabilities selected for a user within a Better Outcomes Now account in a Customer subscription. User Plan options and the features and capabilities per User Plan are described on the Better Outcomes Now website. Monthly Uptime Calculation and Service Levels for Better Outcomes Now User Plans Service.
“Deployment Minutes” is the total number of minutes for which a User Plan has been purchased during a billing month.
“Maximum Available Minutes” is the sum of all Deployment Minutes across all User Plans for a given Better Outcomes Now subscription during a billing month.
“Downtime” is the total accumulated Deployment Minutes, across all User Plans for a given Better Outcomes Now subscription, during which the User Plan is unavailable. A minute is considered unavailable for a given User Plan if all continuous HTTP requests to perform operations, throughout the minute either result in an Error Code or do not return a response.
“Monthly Uptime Percentage” for the Better Outcomes Now User Plans Service is calculated as Maximum Available Minutes less Downtime divided by Maximum Available Minutes in a billing month for a given Better Outcomes Now subscription. Monthly Uptime Percentage is represented by the formula: Monthly Uptime % = (Maximum Available Minutes – Downtime) / Maximum Available Minutes
The following Service Levels and Service Credits are applicable to Customer’s use of the Better Outcomes Now User Plans Service:
MONTHLY UPTIME PERCENTAGE SERVICE CREDIT
< 99.9% 10%
< 99.0% 25%
1.1 Last updated: September 23, 2015
1.0 Last updated: May 12, 2015