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This Waydev Service Level Agreement (“SLA”) between Waydev, Inc. (“Waydev”, “us” or “we”) and users of the Waydev Services (“you”) governs the use of the Waydev Services. Capitalized words and phrases have the meaning specified in the Terms. We reserve the right to change the terms of this SLA in accordance with the Terms.
Service Commitment: 99.95% Uptime
Waydev will use commercially reasonable efforts to make the Waydev Services available with a Monthly Uptime Percentage of at least 99.95% during any monthly billing cycle (the “Service Commitment”). Subject to the Waydev SLA Exclusions, if we do not meet the Service Commitment, you will be eligible to receive a Service Credit.
A Monthly Uptime Percentage of 99.95% means that we guarantee you will experience no more than 21.56 min/month of Unavailability.
“Waydev Service” or “Service” or “Services” means your login to our shared hosted environment, it specifically excludes on-premises installations. “Maintenance” means scheduled or unscheduled Unavailability of the Services, as announced or not announced by us prior to the Services becoming Unavailable.
“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the Waydev Services were Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Waydev SLA Exclusion.
“Service Credit” means a credit denominated in US dollars, calculated as set forth below, that we may credit back to an eligible account.
“Unavailable” and “Unavailability” mean the Waydev Service is not running or not reachable due to Waydev’s fault excluding unavailability resulting directly or indirectly from any Waydev SLA Exclusion.
Service Credits are calculated as a percentage of the total charges due on your invoice for the monthly billing cycle (or as calculated monthly pro-rata if paid in advance) in which the Unavailability occurred, applied proportionally to the Services that were Unavailable, in accordance with the schedule below:
Unless otherwise provided elsewhere, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the Waydev Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
To receive a Service Credit, you must submit a claim by emailing [email protected]. To be eligible, the credit request must be received by us within 3-days of the period of unavailability and must include:
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.
The Service Commitment does not apply to any unavailability, suspension or termination of the Waydev Services, or any other Waydev Service performance issue: