StreamSets Service Level Agreement
- Target Availability. StreamSets will use commercially reasonable efforts to make the Service available with an uptime of 99.9% of each calendar month (“Target Availability“).
- Exclusions. The calculation of uptime will not include unavailability to the extent due to: (a) use of the Service by Customer in a manner not authorized in this Agreement or the applicable Documentation; (b) general Internet problems, force majeure events or other factors outside of StreamSets’ reasonable control; (c) Customer’s equipment, software, network connections or other infrastructure; (d) third party systems, acts or omissions; (e) StreamSets’ Scheduled Maintenance or Emergency Maintenance; or (f) any unavailability for a continuous period of less than ten (10) minutes.“Scheduled Maintenance” means StreamSets’ scheduled routine maintenance which occurs (i) between 1:00 a.m. and 3:00 a.m. Eastern Time on Thursdays and for which StreamSets notifies Customer at least two (2) days in advance and (ii) between 12:30 a.m. and 3:30 a.m. Eastern Time on Saturdays, for which StreamSets notifies Customer at least five (5) days in advance. Scheduled Maintenance will not exceed ten (10) hours per month.“Emergency Maintenance” mmeans emergency maintenance during StreamSets’ scheduled maintenance windows between 1:00 a.m. and 3:00 a.m. Eastern Time on Thursdays, or 12:30 a.m. and 2:30 a.m. Eastern Time on Saturdays. StreamSets will use commercially reasonable efforts to notify Customer of Emergency Maintenance at least two (2) days in advance, unless the severity of the issue necessitates a shorter notice period.
- Service Credits. If there is a verified failure of the Service to meet Target Availability in a particular month and Customer makes a request for service credits within thirty (30) days after the end of such month, Customer will be entitled to a credit based on the monthly fees due for the affected Service in such month (“Service Credit”). The Service Credit will calculated as follows:
Uptime Service Credit (% of monthly fees) 99.00% — 99.89% 5% 98.00% — 98.99% 10% 96.00% — 97.99% 15% 96.00% 20%
- StreamSets will apply each Service Credit to Customer’s next invoice, provided that Customer’s account is fully paid up, without any outstanding payment issues or disputes. Customer will not receive any refunds for any unused Service Credits. For the avoidance of doubt, no Service Credit in any month will exceed 20% of the monthly fees due.
- Exclusive Remedies. Service Credits constitute liquidated damages and are not a penalty. Service Credits are Customer’s sole and exclusive remedy, and StreamSets’ sole and exclusive liability, for StreamSets’ failure to meet the Target Availability.