This Piwik PRO Cloud Hosting Service Level Agreement (“SLA”) sets forth Piwik PRO’s policy governing the use of the Piwik PRO Cloud Hosting Services (“Hosting”) under the terms of the Piwik PRO Cloud Services Agreement (the “Services Agreement”) between Piwik PRO Sp. z o.o. (“Piwik PRO” “us,” “we”) and users of the Services (“you”). Unless otherwise provided herein, this SLA is subject to the terms of the Services Agreement and capitalized terms will have the meaning specified in the Services Agreement. We reserve the right to change the terms of this SLA in accordance with the Services Agreement.
Piwik PRO will use commercially reasonable efforts to make Hosting available with the applicable Monthly Uptime Percentage (as set forth below) during any applicable billing cycle (the “Service Commitment”). In the event Hosting does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.
Service Credit is calculated as a percentage of the total charges paid by you for Hosting for the billing cycle in which the error occurred in accordance with the schedule below.
- Monthly Uptime Percentage is less than 99.0% – Service Credit: 25%
We will apply any Service Credit (as such term is defined below) only against future Hosting payments otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the error occurred. Service Credit will not entitle you to any refund or other payment from Piwik PRO. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than five dollars ($5) or five euro (5€). Service Credit may not be transferred or applied to any other account. Unless otherwise provided in the Services Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide Hosting is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
The Service Commitment does not apply to any unavailability, suspension or termination of Hosting, or any other Hosting performance issues: (i) that result from a termination of your account as described in the Services Agreement; (ii) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems; (iii) that result from any actions or inactions of you or any third party; (iv) that result from your equipment, software or other technology and/or any third party equipment, software or other technology (other than third party equipment within our direct control); or (v) arising from our suspension and termination of your right to use Hosting in accordance with the Services Agreement. If availability is impacted by factors other than those used in our calculation of the Average Error Rate (as such term is defined below), then we may issue a Service Credit considering such factors at our discretion.
- “Average Error Rate” means an average of: (i) total number of internal server responses divided by (ii) the total number of valid requests for the applicable request type during each five minute periods in the month. The calculation of the number of internal server errors will not include errors that arise directly or indirectly as a result of any of the Exclusions (as set forth above).
- A “Service Credit” is a fraction of the monthly service fee, calculated as set forth above, that we may credit back to an eligible Hosting account.