Posted/Revised: SEPTEMBER 8, 2022
SERVICE LEVEL AGREEMENT (SLA)
FTP Today agrees to provide the SaaS in a professional manner, consistent with recognized industry security standards and good commercial practices in an effort to maintain the online availability of the SaaS for a minimum of availability 99.9% in any calendar month excluding maintenance outages, outages related to DoS/DDoS attacks, outages that result from technology managed by Customer, Guests or other Users, and Internet network outages outside the control of FTP Today or its data center partners.
Should the SaaS fail to meet a minimum availability of 99.9% in any calendar month, Customer may be eligible for a SLA Credit, as defined below, as provided in the following chart.
|SLA||Potential Warranty Credit|
|99.9% or greater||No credit. SLA is met.|
|99.89% - 95%||10% of monthly fee.|
|94.99% - 90%||25% of monthly fee|
|Less than 90%||50% of monthly fee.|
An “SLA Credit” means a credit against future SaaS fees. Credits (a) do not apply to other amounts Customer may owe FTP Today, (b) apply to outstanding or future invoices only, and (c) are forfeit upon termination of the Agreement. FTP Today is not required to issue refunds or to make payments against Credits under any circumstances, including without limitation termination of this Agreement.
SLA Credits are not available based solely on monitoring provided by FTP Today or based on details provided to Customer by FTP Today in a post-incident report; Customer must provide its own monitoring results and incident analysis as proof of lack of availability of the Services in order to be eligible for a SLA credit.
SLA Credits provide Customer’s sole remedies and FTP Today’s sole liabilities and responsibilities for failure of the SaaS to meet the monthly minimum availability target described above.