Published: February 28, 2024
Coverage
This Service Level Agreement (“SLA”) applies to the online Services provided under the SOW between Inbenta and Customer and requires that the Customer is in compliance with all terms and conditions of the SaaS Agreement, including being current on payment of all fees. Undefined terms in this SLA shall have the meaning set forth in the TOS.
Service Level
Inbenta will use commercially reasonable efforts to make the Services available with a Monthly Uptime Percentage average of at least 99.8% during any full calendar month during which applicable Services are provided (“Service Level”). For purposes of the Service Level:
“Monthly Uptime Percentage” means the percentage that is calculated by subtracting from 100% the percentage of one (1) minute periods during a calendar month in which the Service was not available to Customer’s Authorized Users due to a Service Outage, excluding any scheduled downtime, or any of the exclusions listed below.
“Service Outage” means: (i) an outage lasting a minimum of ten (10) consecutive minutes during which the Services are completely unreachable; or, (ii) a software malfunction solely caused by Inbenta that completely prevents Customer from using the Services. Service Outages will be evaluated on API requests as determined by Inbenta.
Notifications of Outages
Customer will be notified of any Service Outage within thirty (30) minutes of Inbenta’s technology department confirming an actual outage. The notification will be made by email to Customer’s designated contact or a systemwide announcement. It is Customer’s responsibility to keep contact information updated in order to receive such notifications.
Measurement and Reporting
Inbenta will be responsible for measuring and monitoring the performance of the Services against the Service Level described above. Service Level reporting is available via the Customer online portal. In any calendar month in which the Service Level is not met, Inbenta will provide a root cause analysis for the Service Level failure, which will include a description of the planned corrective action to remedy the failure and a description of the steps being taken by Inbenta to prevent the reoccurrence.
Exclusions and Conditions
This SLA covers Service Outages affected by areas considered under the control of Inbenta including Inbenta’s managed connectivity to the internet, Inbenta routers, and Inbenta servers. This SLA does not apply to Service Outages caused by or associated with:
- Any unavailability, interruption, or error of any third party provider, including mechanical failures, electrical failures, and failures in telecommunication or satellite transmission systems, not directly due to a serious act or omission by Inbenta, including failure of Customer’s equipment, software, or other technology or third party equipment, software, or other technology (other than third parties within the direct control of Inbenta);
- Altered Inbenta deliverables;
- Any suspension of Service deemed necessary due to security vulnerabilities, or as otherwise described in the Inbenta TOS, SOW or other documentation that form part of the Agreement;
- Actions or inactions of Customer that are not in conformity with the written documentation and specifications provided by Inbenta for the Services, including the terms of the SaaS Agreement;
- Circumstances beyond the reasonable control of Inbenta, including, without limitation, any event of Force Majeure;
- Domain Name Service (DNS) issues outside the direct control of Inbenta, including, without limitation, DNS propagation or any delays in the registration or transfer of a domain name due to domain registrar or registry issues;
- Outages elsewhere on the internet that hinder access to Inbenta Service.