Service Level Agreement
At Crypteron, we recognize the importance of a security platform that you can rely on, especially when providing encryption keys to your application. That’s why we offer a service level agreement (SLA) for all of our paid plans on our managed security platform. We guarantee connectivity to our paid services for at least 99.95% of the time. We back this guarantee with pro-rated service credits for any downtime beyond 99.95%. For self-hosted, enterprise customers, the customer organization is responsible its own SLA.
Introduction
This Service Level Agreement for Crypteron (this “SLA”) is a part of your Crypteron user agreement (the “Agreement”). Capitalized terms used but not defined in this SLA will have the meaning assigned to them in the Agreement. This SLA applies to Crypteron’s online security platform (the “Service”).
If we do not achieve and maintain the Service Levels as described in this SLA, then you may be eligible for a credit towards a portion of your monthly service fees. We will not modify the terms of your SLA during the initial term of your subscription; however, if you renew your subscription, the version of this SLA that is current at the time of renewal will apply throughout your renewal term. We will provide at least 90 days’ notice for adverse material changes to this SLA.
General Terms
Definitions
“Applicable Monthly Period” means, for a calendar month in which a Service Credit is owed, the number of days that you are a subscriber for the Service.
“Applicable Monthly Service Fees” means the total fees actually paid by you for the Service that are applied to the month in which a Service Credit is owed.
“Downtime” is defined for the Service in the Services Specific Terms below. Downtime does not include unavailability of a Service due to limitations described below and in the Services Specific Terms.
“Error Code” means an indication that an operation has failed, such as an HTTP status code in the 5xx range.
“External Connectivity” is bi-directional network traffic over supported protocols such as HTTP and HTTPS that can be sent and received from a public IP address.
“Incident” means (i) any single event, or (ii) any set of events, that result in Downtime.
“Management Portal” means the web interface, provided by Crypteron, through which customers may manage the Service.
“Scheduled Downtime” means periods of Downtime related to network, hardware, or Service maintenance or upgrades. We will publish notice or notify you at least five (5) days prior to the commencement of such Downtime.
“Service Credit” is the percentage of the Applicable Monthly Service Fees credited to you following Crypteron’s claim approval.
“Service Level” means the performance metric(s) set forth in this SLA that Crypteron agrees to meet in the delivery of the Services.
“Service Resource” means an individual resource available for use within a Service.
“Success Code” means an indication that an operation has succeeded, such as an HTTP status code in the 2xx range.
“Support Window” refers to the period of time during which a Service feature or compatibility with a separate product or service is supported.
“User Minutes” means the total number of minutes in a month, less all Scheduled Downtime, multiplied by the total number of users.
Terms
Claims
In order for Crypteron to consider a claim, you must submit the claim to customer support at Crypteron including all information necessary for Crypteron to validate the claim, including but not limited to: (i) a detailed description of the Incident; (ii) information regarding the time and duration of the Downtime; (iii) the number and location(s) of affected users (if applicable); and (iv) descriptions of your attempts to resolve the Incident at the time of occurrence.
We must receive the claim within two months of the end of the billing month in which the Incident that is the subject of the claim occurred.
We will evaluate all information reasonably available to us and make a good faith determination of whether a Service Credit is owed. We will use commercially reasonable efforts to process claims during the subsequent month and within forty five (45) days of receipt. You must be in compliance with the Agreement in order to be eligible for a Service Credit. If we determine that a Service Credit is owed to you, we will apply the Service Credit to your Applicable Monthly Service Fees.
Service Credits
Service Credits are your sole and exclusive remedy for any performance or availability issues for the Service under the Agreement and this SLA. You may not unilaterally offset your Applicable Monthly Service Fees for any performance or availability issues.
Service Credits apply only to fees paid for the Service tier for which a Service Level has not been met. In cases where Service Levels apply to separate Service tiers, Service Credits apply only to fees paid for the affected Service tier, as applicable. The Service Credits awarded in any billing month for the Service will not, under any circumstance, exceed your monthly service fees for the Service, as applicable, in the billing month.
If you purchased the Service from a reseller, you will receive a service credit directly from your reseller and the reseller will receive a Service Credit directly from us. The Service Credit will be based on the estimated retail price for the applicable Service, as determined by us in our reasonable discretion.
Limitations
This SLA and any applicable Service Levels do not apply to any performance or availability issues:
- For customers on a self-hosted plan
- Due to factors outside our reasonable control (for example, natural disaster, war, acts of terrorism, riots, government action, or a network or device failure external to our data centers, including at your site or between your site and our data center);
- That result from the use of services, hardware, or software not provided by us, including, but not limited to, issues resulting from inadequate bandwidth or related to third-party software or services;
- Caused by your use of a Service after we advised you to modify your use of the Service, if you did not modify your use as advised;
- During or with respect to preview, pre-release, beta or trial versions of the Service, feature or software (as determined by us)
- That result from your unauthorized action or lack of action when required, or from your employees, agents, contractors, or vendors, or anyone gaining access to our network by means of your passwords or equipment, or otherwise resulting from your failure to follow appropriate security practices;
- That result from your failure to adhere to any required configurations, use supported platforms, follow any policies for acceptable use, or your use of the Service in a manner inconsistent with the features and functionality of the Service (for example, attempts to perform operations that are not supported) or inconsistent with our published guidance;
- That result from faulty input, instructions, or arguments (for example, requests to access files that do not exist);
- That result from your attempts to perform operations that exceed prescribed quotas or that resulted from our throttling of suspected abusive behavior;
- Due to your use of Service features that are outside of associated Support Windows; or
- For licenses reserved, but not paid for, at the time of the Incident.
SLA Details
Monthly Uptime Calculation and Service Levels for Cloud Services
“Maximum Available Minutes” is the total accumulated minutes during a billing month. Maximum Available Minutes is measured from when Customer has signed up for a Service subscription to the time Customer has initiated an action that would result in stopping or deleting the Service subscription.
“Downtime” is the total accumulated minutes that are part of Maximum Available Minutes that have no External Connectivity.
“Monthly Uptime Percentage” is calculated as Maximum Available Minutes less Downtime divided by Maximum Available Minutes in a billing month for a given Crypteron subscription. Monthly Uptime Percentage is represented by the following formula:
Monthly Uptime % = (Maximum Available Minutes-Downtime) / Maximum Available Minutes
In the event that your Monthly Uptime % is less than 99.95%, that percentage will be used to pro-rate your bill for that billing month.
