Service Level Agreement
Version
Effective
Download
This Service Level Agreement (“SLA”) applies in addition to the Master Services Agreement, or similar subscription agreement, (whether formed by separately executed agreement or by acceptance of the Master Services Agreement located at /legal-center/master-services-agreement) in place between Conga Corporation ("Conga") and Customer (“Agreement”). Unless otherwise defined below, capitalized terms shall have the meaning as defined in the Agreement. In the event of any conflict between this SLA and the Agreement, this SLA shall prevail to the extent of any inconsistency.
1. AVAILABILITY
1.1 Availability Commitment. The Subscription Services will generally be available for the Applicable Period as follows (“Availability Commitment”):
Subscription Service | Availability Percentage | Applicable Period |
|---|---|---|
| All Conga Subscription Services except as listed below | 99.5% | Calendar Quarter |
| Smart Price Optimization & Management (SPOM), Smart Price Optimization (SPO), and Smart Configure, Price, Quote | 99.9% | Calendar Month |
| Pricing Evaluation API* | 99.99% | Calendar Month |
*SPOM and SPO capability for real-time price delivery
1.2 Availability Calculation. General availability is calculated using the following formula:
Total – Downtime x 100
Total
“Total” means the total number of minutes for the Applicable Period, less all Scheduled Downtime.
“Downtime” means the number of minutes that the Subscription Service is not available for the Applicable Period. Downtime does not include Scheduled Downtime, any period of unavailability lasting less than 5 minutes, and unavailability due to anything in the “Limitations” section described below.
“Scheduled Downtime” means any planned downtime. Scheduled maintenance takes place between 10:00 pm PT Friday and 1:00 pm PT Sunday. If the Subscription Services are hosted on the salesforce.com platform, then Conga will use the same maintenance schedule as published and used by salesforce.com.
Availability for user functions is measured using Conga’s platform monitoring system to verify (a) the Subscription Service and all public APIs are available at Conga’s production data center’s internet connection points; (b) all persistent and cached data are available and read and write operations function using sample data; and (c) the Subscription Service is working properly with default sample data and logic. Availability measurements exclude networks outside of the Subscription Service, and Availability Commitment excludes logic errors related to faulty Customer Data and Customer’s configured business rules. Unavailability for some specific features or functions within the Subscription Services, while others remain available, will not constitute unavailability of the Subscription Services.
2. SERVICE CREDITS
If the Subscription Service does not meet the Availability Commitment, and the downtime significantly affects Customer’s ability to use the Subscription Services, then Customer will be eligible to receive the Service Credit Percentage set forth below. Service credit is calculated as a percentage of the total charges paid by Customer for the Subscription Service at issue for the Applicable Period in which availability fell below the Availability Commitment as follows:
Subscription Service | Availability | Service Credit Percentage |
|---|---|---|
| All Conga Subscription Services except as listed below | Less than 99.5% but equal to or greater than 98.5% | 5% |
Less than 98.5% but equal to or greater than 95.0% | 10% | |
Less than 95.0% | 15% | |
| ||
| Smart Price Optimization & Management (SPOM), Smart Price Optimization (SPO), and Smart Configure, Price, Quote | Less than 99.9% but equal to or greater than 98.5% | 10% |
Less than 98.5% but equal to or greater than 95.0% | 25% | |
Less than 95.0% | 50% | |
| ||
| Pricing Evaluation API | Less than 99.99% but equal to or greater than 99.9% | 5% |
Less than 99.9% but equal to or greater than 98.5% | 10% | |
Less than 98.5% but equal to or greater than 95.0% | 25% | |
Less than 95.0% | 50% | |
The credits specified in this “Service Credits” section shall be the sole and exclusive remedies available to Customer for breach of this SLA. Any such credit may be applied only against future invoices for the affected Subscription Services. Conga will not provide service credits during any period in which Customer is in breach of its payment obligations under the Agreement in respect of an undisputed invoice.
3. REPORTING AND CLAIMS
To file a claim under this SLA, Customer must send an email to sla@conga.com with the following details:
- Billing information, including company name, billing address, billing contact and billing contact phone number;
- Downtime information with dates and time periods for each instance of downtime during the relevant period; and
- An explanation of the claim made under this SLA, including any relevant calculations.
Claims must be submitted within 30 days after the end of the Applicable Period, except for periods at the end of a subscription term that do not coincide with a calendar quarter, in which case Customer must make any claim within 30 days after the end of its subscription term.
All claims will be verified against applicable system records. If any period of downtime submitted by Customer is disputed, Conga will provide to Customer a record of Subscription Services availability for the period in question. Conga will only provide records of system availability in response to good faith Customer claims.
4. LIMITATIONS
This SLA and any applicable service levels do not apply to any performance or availability issues due to:
a. Customer’s acts or omissions, including improper use or operation by a User;
b. Customer's use of the Subscription Service in a manner (i) outside the scope agreed in the Order; (ii) inconsistent with the features and functionality of the Subscription Service (e.g., attempts to perform operations that are not supported), or (iii) inconsistent with Conga’s product or service documentation or other written instructions provided by Conga;
c. Hardware, software, or services not provided by Conga as part of the Subscription Service;
d. Conga’s suspension of Customer’s right to use the Subscription Service pursuant to the Agreement; or
e. Circumstances beyond Conga’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Conga employees), or delays involving hardware, software or power systems not within Conga possession or reasonable control, and network intrusions or denial of service attacks.
The SLA does not apply to any sandbox, free trial, early access program, proof of concept (POC), or other similar uses.
5. PRICING EVALUATION API RESPONSE TIME. This Section applies to Pricing Evaluation API, a capability of SPOM and SPO for real-time price delivery.
5.1 Definitions
“Peak Price Evaluations per Minute” means the highest aggregate number of Price Evaluations completed within any single one-minute interval.
“Price Evaluation” means the process of assessing the price of an item based on its attribute combination, as requested through the Pricing Evaluation API, and returning the resulting price to the system of origin.
“Response Time” means the processing time to complete a Price Evaluation, excluding network latency outside of the Subscription Service.
5.2 Response Time. Response Time for Pricing Evaluation API will be as follows (“Response Time Commitment”):
Pricing Evaluation API Response Time Commitment |
|
|---|
Response Time Commitment does not apply to Price Evaluations in an API request that exceed any of the following thresholds:
a. More than 10 Price Evaluations per API call.
b. More than 50 data lookup resolutions per Price Evaluation, with up to 5 pricing dimensions per lookup resolution.
c. More than 3 AI-optimized prices per Price Evaluation.
d. More than 1 AI-optimization service called during the Price Evaluation.
In addition, Response Time Commitment does not apply when the Pricing Evaluation API is used to call the Extensible AI service within the Subscription Service.
SPO and SPOM are designed to handle a maximum of 2,500 Peak Price Evaluations per Minute. If the Peak Price Evaluations exceed the limit, the Pricing Evaluation API may return a standard HTTP response code (429) to the calling application.
If the Response Time Commitment is not met, Customer will be eligible to receive a service credit of 5% of the total charges paid by Customer for SPOM or SPO for the Applicable Period.
This Service Level Agreement (“SLA”) applies in addition to the Master Services Agreement, or similar subscription agreement, (whether formed by separately executed agreement or by acceptance of the Master Services Agreement located at /legal-center/master-services-agreement) in place between Conga Corporation ("Conga") and Customer (“Agreement”). In the event of any conflict between this SLA and the Agreement, this SLA shall prevail to the extent of any inconsistency.
Definitions:
“Subscription Services” means the the online subscription services, including associated offline components, provided or managed by Conga.
Availability: Conga warrants the Subscription Services will generally be available 99.5% of the time, except as provided below. General availability will be calculated per calendar quarter, as follows:
[(total – nonexcluded – excluded) *100] > 99.5%
total - excluded
Where:
- total means the total number of minutes for the quarter
- nonexcluded means downtime that is not excluded
- excluded means the following:
- Any planned downtime. (NOTE - Conga planned downtime for scheduled maintenance takes place between 10:00 pm Friday and 1:00 pm PST Sunday. If the Subscription Services are hosted on the salesforce.com platform, then Conga will use the same maintenance schedule as published and used by salesforce.com.)
- Any period of unavailability lasting less than 5 minutes.
- Any unavailability caused by circumstances beyond Conga’s reasonable control, without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Conga employees), or delays involving hardware, software or power systems not within Conga possession or reasonable control, and network intrusions or denial of service attacks.
Except as provided in the preceding sentence, unavailability for some specific features or functions within the Subscription Services, while others remain available, will not constitute unavailability of the Subscription Services.
Penalties: Should Conga fail to meet 99.5% general availability of the Subscription Services for a calendar quarter, and this downtime significantly affected Customer’s ability to use the Subscription Services, Customer may continue to use the Subscription Services, but will receive credit for one half day of its Conga subscription, in that quarter, for each two hours of general Subscription Services unavailability below 99.5%. Any such credit may be applied only against future invoices for Subscription Services. The penalties specified in this “Penalties” section shall be the sole remedies available to Customer for breach of this SLA.
Reporting and Claims: To file a claim under this SLA, Customer must send an email to sla@conga.com with the following details:
- Billing information, including company name, billing address, billing contact and billing contact phone number
- Downtime information with dates and time periods for each instance of downtime during the relevant period
- An explanation of the claim made under this SLA, including any relevant calculations
Claims may only be made on a calendar quarter basis and must be submitted within 30 days after the end of the relevant quarter, except for periods at the end of a subscription agreement that do not coincide with a calendar quarter, in which case Customer must make any claim within 30 days after the end of its subscription agreement.
All claims will be verified against applicable system records. Should any periods of downtime submitted by Customer be disputed, Conga will provide to Customer a record of Subscription Services availability for the period in question. Conga will only provide records of system availability in response to good faith Customer claims.
This Service Level Agreement (“SLA”) applies in addition to the Master Services Agreement, or similar subscription agreement, (whether formed by separately executed agreement or by acceptance of the Master Services Agreement located at /legal-center/master-services-agreement) in place between Apttus Corporation ("Conga") and Customer (“Agreement”). In the event of any conflict between this SLA and the Agreement, this SLA shall prevail to the extent of any inconsistency.
Definitions:
“Subscription Services” means the the online subscription services, including associated offline components, provided or managed by Conga.
Availability: Conga warrants the Subscription Services will generally be available 99.5% of the time, except as provided below. General availability will be calculated per calendar quarter, as follows:
[(total – nonexcluded – excluded) *100] > 99.5%
total - excluded
Where:
- total means the total number of minutes for the quarter
- nonexcluded means downtime that is not excluded
- excluded means the following:
- Any planned downtime. (NOTE - Conga planned downtime for scheduled maintenance takes place between 10:00 pm Friday and 1:00 pm PST Sunday. If the Subscription Services are hosted on the salesforce.com platform, then Conga will use the same maintenance schedule as published and used by salesforce.com.)
- Any period of unavailability lasting less than 5 minutes.
- Any unavailability caused by circumstances beyond Conga’s reasonable control, without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Conga employees), or delays involving hardware, software or power systems not within Conga possession or reasonable control, and network intrusions or denial of service attacks.
Except as provided in the preceding sentence, unavailability for some specific features or functions within the Subscription Services, while others remain available, will not constitute unavailability of the Subscription Services.
Penalties: Should Conga fail to meet 99.5% general availability of the Subscription Services for a calendar quarter, and this downtime significantly affected Customer’s ability to use the Subscription Services, Customer may continue to use the Subscription Services, but will receive credit for one half day of its Conga subscription, in that quarter, for each two hours of general Subscription Services unavailability below 99.5%. Any such credit may be applied only against future invoices for Subscription Services. The penalties specified in this “Penalties” section shall be the sole remedies available to Customer for breach of this SLA.
Reporting and Claims: To file a claim under this SLA, Customer must send an email to sla@conga.com with the following details:
- Billing information, including company name, billing address, billing contact and billing contact phone number
- Downtime information with dates and time periods for each instance of downtime during the relevant period
- An explanation of the claim made under this SLA, including any relevant calculations
Claims may only be made on a calendar quarter basis and must be submitted within 30 days after the end of the relevant quarter, except for periods at the end of a subscription agreement that do not coincide with a calendar quarter, in which case Customer must make any claim within 30 days after the end of its subscription agreement.
All claims will be verified against applicable system records. Should any periods of downtime submitted by Customer be disputed, Conga will provide to Customer a record of Subscription Services availability for the period in question. Conga will only provide records of system availability in response to good faith Customer claims.
This Service Level Agreement (“SLA”) applies in addition to the Master Services Agreement, or similar subscription agreement, (whether formed by separately executed agreement or by acceptance of the Master Services Agreement located at /legal-center/master-services-agreement) in place between Apttus Corporation ("Conga") and Customer (“Agreement”). In the event of any conflict between this SLA and the Agreement, this SLA shall prevail to the extent of any inconsistency.
Definitions:
“Subscription Services” means the the online subscription services, including associated offline components, provided or managed by Conga.
Availability: Conga warrants the Subscription Services will generally be available 99.5% of the time, except as provided below. General availability will be calculated per calendar quarter, as follows:
[(total – nonexcluded – excluded) *100] > 99.5%
total - excluded
Where:
- total means the total number of minutes for the quarter
- nonexcluded means downtime that is not excluded
- excluded means the following:
- Any planned downtime. (NOTE - Conga planned downtime for scheduled maintenance takes place between 10:00 pm Friday and 1:00 pm PST Sunday. If the Subscription Services are hosted on the salesforce.com platform, then Conga will use the same maintenance schedule as published and used by salesforce.com.)
- Any period of unavailability lasting less than 5 minutes.
- Any unavailability caused by circumstances beyond Conga’s reasonable control, without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Conga employees), or delays involving hardware, software or power systems not within Conga possession or reasonable control, and network intrusions or denial of service attacks.
In addition, downtime shall include minutes when the Subscription Services did not perform in substantial conformance with any applicable Tier 1 Functions, which are listed at: https://conga.com/product-specifications. Except as provided in the preceding sentence, unavailability for some specific features or functions within the Subscription Services, while others remain available, will not constitute unavailability of the Subscription Services.
Penalties: Should Conga fail to meet 99.5% general availability of the Subscription Services for a calendar quarter, and this downtime significantly affected Customer’s ability to use the Subscription Services, Customer may continue to use the Subscription Services, but will receive credit for one half day of its Conga subscription, in that quarter, for each two hours of general Subscription Services unavailability below 99.5%. Any such credit may be applied only against future invoices for Subscription Services. The penalties specified in this “Penalties” section shall be the sole remedies available to Customer for breach of this SLA.
Reporting and Claims: To file a claim under this SLA, Customer must send an email to sla@conga.com with the following details:
- Billing information, including company name, billing address, billing contact and billing contact phone number
- Downtime information with dates and time periods for each instance of downtime during the relevant period
- An explanation of the claim made under this SLA, including any relevant calculations
Claims may only be made on a calendar quarter basis and must be submitted within 30 days after the end of the relevant quarter, except for periods at the end of a subscription agreement that do not coincide with a calendar quarter, in which case Customer must make any claim within 30 days after the end of its subscription agreement.
All claims will be verified against applicable system records. Should any periods of downtime submitted by Customer be disputed, Conga will provide to Customer a record of Subscription Services availability for the period in question. Conga will only provide records of system availability in response to good faith Customer claims.
This Service Level Agreement (“SLA”) applies in addition to the Master Services Agreement, or similar subscription agreement, (whether formed by separately executed agreement or by acceptance of the Master Services Agreement located at /legal-center/master-services-agreement) in place between Apttus Corporation ("Conga") and Customer (“Agreement”). In the event of any conflict between this SLA and the Agreement, this SLA shall prevail to the extent of any inconsistency.
Conga may amend this SLA from time to time by posting an amended version at its website and sending Customer notice thereof (an email to Customer’s project sponsor shall be deemed sufficient in this case). Such amendment will be deemed accepted and become effective 30 days after such notice (the “Proposed Amendment Date”) unless Customer first gives Conga written notice of rejection of the amendment. In the event of such rejection, this SLA will continue under its original provisions, and the amendment will become effective at the start of Customer’s next Subscription Term following the Proposed Amendment Date. Customer’s continued use of the Subscription Services following the effective date of an amendment will confirm Customer’s consent thereto. This SLA may not be amended in any other way except through a written agreement by authorized representatives of each party.
Definitions.
“Subscription Services” means the the online subscription services, including associated offline components, related online training and packaged technical support services provided or managed by Conga.
Availability: Conga warrants the Subscription Services will generally be available 99% of the time, except as provided below. General availability will be calculated per calendar quarter, as follows:
[(total – nonexcluded – excluded) *100] > 99%
total – excluded
Where:
total means the total number of minutes for the quarter
nonexcluded means downtime that is not excluded
excluded means the following:
Any planned downtime. (NOTE - Conga planned downtime for scheduled maintenance takes place between 12:00 am and 11:59 am PT Saturdays. If the Subscription Services are hosted on the salesforce.com platform, then Conga will use the same maintenance schedule as published and used by salesforce.com.)
Any period of unavailability lasting less than 5 minutes.
Any unavailability caused by circumstances beyond Conga’s reasonable control, without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Conga employees), or delays involving hardware, software or power systems not within Conga possession or reasonable control, and network intrusions or denial of service attacks.
Unavailability for some specific features or functions within the Subscription Services, while others remain available, will not constitute unavailability of the Subscription Services, so long as the unavailable features or functions are not, in the aggregate, material to the Subscription Services as a whole.
Penalties: Should Conga fail to meet 99% general availability of the Subscription Services for a calendar quarter, and this downtime significantly affected Customer’s ability to use the Subscription Services, Customer may continue to use the Subscription Services, but will receive credit for one half day of its Conga subscription, in that quarter, for each two hours of general Subscription Services unavailability below 99%. Any such credit may be applied ONLY against future invoices for Subscription Services. The penalties specified in this “Penalties” section shall be the sole remedies available to Customer for breach of this SLA.
Reporting and Claims: To file a claim under this SLA, Customer must send an email to sla@conga.com with the following details:
- Billing information, including company name, billing address, billing contact and billing contact phone number
- Downtime information with dates and time periods for each instance of downtime during the relevant period
- An explanation of the claim made under this SLA, including any relevant calculations
Claims may only be made on a calendar quarter basis and must be submitted within 30 days after the end of the relevant quarter, except for periods at the end of a subscription agreement that do not coincide with a calendar quarter, in which case Customer must make any claim within 30 days after the end of its subscription agreement.
All claims will be verified against applicable system records. Should any periods of downtime submitted by Customer be disputed, Conga will provide to Customer a record of Subscription Services availability for the period in question. Conga will only provide records of system availability in response to good faith Customer claims.
This Service Level Agreement (“SLA”) applies in addition to the Master Services Agreement, or similar subscription agreement, (whether formed by separately executed agreement or by acceptance of the Master Services Agreement located at http://legal.apttus.com/#master-services-agreement) in place between Apttus Corporation ("Conga") and Customer (“Agreement”). In the event of any conflict between this SLA and the Agreement, this SLA shall prevail to the extent of any inconsistency.
Conga may amend this SLA from time to time by posting an amended version at its website and sending Customer notice thereof (an email to Customer’s project sponsor shall be deemed sufficient in this case). Such amendment will be deemed accepted and become effective 30 days after such notice (the “Proposed Amendment Date”) unless Customer first gives Conga written notice of rejection of the amendment. In the event of such rejection, this SLA will continue under its original provisions, and the amendment will become effective at the start of Customer’s next Subscription Term following the Proposed Amendment Date. Customer’s continued use of the Subscription Services following the effective date of an amendment will confirm Customer’s consent thereto. This SLA may not be amended in any other way except through a written agreement by authorized representatives of each party.
Definitions.
“Subscription Services” means the the online subscription services, including associated offline components, related online training and packaged technical support services provided or managed by Conga.
Availability: Conga warrants the Subscription Services will generally be available 99% of the time, except as provided below. General availability will be calculated per calendar quarter, as follows:
[(total – nonexcluded – excluded) *100] > 99%
total – excluded
Where:
total means the total number of minutes for the quarter
nonexcluded means downtime that is not excluded
excluded means the following:
Any planned downtime. (NOTE - Conga planned downtime for scheduled maintenance takes place between 12:00 am and 11:59 am PT Saturdays. If the Subscription Services are hosted on the salesforce.com platform, then Conga will use the same maintenance schedule as published and used by salesforce.com.)
Any period of unavailability lasting less than 5 minutes.
Any unavailability caused by circumstances beyond Conga’s reasonable control, without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Conga employees), or delays involving hardware, software or power systems not within Conga possession or reasonable control, and network intrusions or denial of service attacks.
Unavailability for some specific features or functions within the Subscription Services, while others remain available, will not constitute unavailability of the Subscription Services, so long as the unavailable features or functions are not, in the aggregate, material to the Subscription Services as a whole.
Penalties: Should Conga fail to meet 99% general availability of the Subscription Services for a calendar quarter, and this downtime significantly affected Customer’s ability to use the Subscription Services, Customer may continue to use the Subscription Services, but will receive credit for one half day of its Conga subscription, in that quarter, for each two hours of general Subscription Services unavailability below 99%. Any such credit may be applied ONLY against future invoices for Subscription Services. The penalties specified in this “Penalties” section shall be the sole remedies available to Customer for breach of this SLA.
Reporting and Claims: To file a claim under this SLA, Customer must send an email to sla@apttus.com with the following details:
- Billing information, including company name, billing address, billing contact and billing contact phone number
- Downtime information with dates and time periods for each instance of downtime during the relevant period
- An explanation of the claim made under this SLA, including any relevant calculations
Claims may only be made on a calendar quarter basis and must be submitted within 30 days after the end of the relevant quarter, except for periods at the end of a subscription agreement that do not coincide with a calendar quarter, in which case Customer must make any claim within 30 days after the end of its subscription agreement.
All claims will be verified against applicable system records. Should any periods of downtime submitted by Customer be disputed, Conga will provide to Customer a record of Subscription Services availability for the period in question. Conga will only provide records of system availability in response to good faith Customer claims.
This Service Level Agreement (“SLA”) applies in addition to the master subscription agreement (whether formed by separately executed agreement or by acceptance of the Master Subscription Services Agreement located at http://legal.apttus.com/) in place between Apttus Corporation ("Conga") and Customer (“Agreement”). In the event of any conflict between this SLA and the Agreement, this SLA shall prevail to the extent of any inconsistency.
Conga may amend this SLA from time to time by posting an amended version at its website and sending Customer notice thereof (an email to Customer’s project sponsor shall be deemed sufficient in this case). Such amendment will be deemed accepted and become effective 30 days after such notice (the “Proposed Amendment Date”) unless Customer first gives Conga written notice of rejection of the amendment. In the event of such rejection, this SLA will continue under its original provisions, and the amendment will become effective at the start of Customer’s next Subscription Term following the Proposed Amendment Date. Customer’s continued use of the Subscription Services following the effective date of an amendment will confirm Customer’s consent thereto. This SLA may not be amended in any other way except through a written agreement by authorized representatives of each party.
Definitions.
“Subscription Services” means the the online subscription services, including associated offline components, related online training and packaged technical support services provided or managed by Conga.
Availability: Conga warrants the Subscription Services will generally be available 99% of the time, except as provided below. General availability will be calculated per calendar quarter, as follows:
[(total – nonexcluded – excluded) *100] > 99%
total – excluded
Where:
total means the total number of minutes for the quarter
nonexcluded means downtime that is not excluded
excluded means the following:
Any planned downtime. (NOTE - Conga planned downtime for scheduled maintenance takes place between 12:00 am and 11:59 am PT Saturdays. If the Subscription Services are hosted on the salesforce.com platform, then Conga will use the same maintenance schedule as published and used by salesforce.com.)
Any period of unavailability lasting less than 5 minutes.
Any unavailability caused by circumstances beyond Conga’s reasonable control, without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Conga employees), or delays involving hardware, software or power systems not within Conga possession or reasonable control, and network intrusions or denial of service attacks.
Unavailability for some specific features or functions within the Subscription Services, while others remain available, will not constitute unavailability of the Subscription Services, so long as the unavailable features or functions are not, in the aggregate, material to the Subscription Services as a whole.
Penalties: Should Conga fail to meet 99% general availability of the Subscription Services for a calendar quarter, and this downtime significantly affected Customer’s ability to use the Subscription Services, Customer may continue to use the Subscription Services, but will receive credit for one half day of its Conga subscription, in that quarter, for each two hours of general Subscription Services unavailability below 99%. Any such credit may be applied ONLY against future invoices for Subscription Services. The penalties specified in this “Penalties” section shall be the sole remedies available to Customer for breach of this SLA.
Reporting and Claims: To file a claim under this SLA, Customer must send an email to sla@apttus.com with the following details:
- Billing information, including company name, billing address, billing contact and billing contact phone number
- Downtime information with dates and time periods for each instance of downtime during the relevant period
- An explanation of the claim made under this SLA, including any relevant calculations
Claims may only be made on a calendar quarter basis and must be submitted within 30 days after the end of the relevant quarter, except for periods at the end of a subscription agreement that do not coincide with a calendar quarter, in which case Customer must make any claim within 30 days after the end of its subscription agreement.
All claims will be verified against applicable system records. Should any periods of downtime submitted by Customer be disputed, Conga will provide to Customer a record of Subscription Services availability for the period in question. Conga will only provide records of system availability in response to good faith Customer claims.
This Service Level Agreement (“SLA”) applies in addition to the master subscription agreement (whether formed by separately executed agreement or by acceptance of the Master Subscription Services Agreement located at http://legal.apttus.com/) in place between Customer and Apttus (“Agreement”). In the event of any conflict between this SLA and the Agreement, this SLA shall prevail to the extent of any inconsistency.
Apttus may amend this SLA from time to time by posting an amended version at its website and sending Customer notice thereof (an email to Customer’s project sponsor shall be deemed sufficient in this case). Such amendment will be deemed accepted and become effective 30 days after such notice (the “Proposed Amendment Date”) unless Customer first gives Apttus written notice of rejection of the amendment. In the event of such rejection, this SLA will continue under its original provisions, and the amendment will become effective at the start of Customer’s next Subscription Term following the Proposed Amendment Date. Customer’s continued use of the Subscription Services following the effective date of an amendment will confirm Customer’s consent thereto. This SLA may not be amended in any other way except through a written agreement by authorized representatives of each party.
Definitions.
“Subscription Services” means the the online subscription services, including associated offline components, related online training and packaged technical support services provided or managed by Apttus.
Availability: Apttus warrants the Subscription Services will generally be available 99% of the time, except as provided below. General availability will be calculated per calendar quarter, as follows:
[(total – nonexcluded – excluded) *100] > 99%
total – excluded
Where:
total means the total number of minutes for the quarter
nonexcluded means downtime that is not excluded
excluded means the following:
Any planned downtime. (NOTE - Apttus planned downtime for scheduled maintenance takes place between 12:00 am and 11:59 am PT Saturdays. If the Subscription Services are hosted on the salesforce.com platform, then Apttus will use the same maintenance schedule as published and used by salesforce.com.)
Any period of unavailability lasting less than 5 minutes.
Any unavailability caused by circumstances beyond Apttus’ reasonable control, without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Apttus employees), or delays involving hardware, software or power systems not within Apttus possession or reasonable control, and network intrusions or denial of service attacks.
Unavailability for some specific features or functions within the Subscription Services, while others remain available, will not constitute unavailability of the Subscription Services, so long as the unavailable features or functions are not, in the aggregate, material to the Subscription Services as a whole.
Penalties: Should Apttus fail to meet 99% general availability of the Subscription Services for a calendar quarter, and this downtime significantly affected Customer’s ability to use the Subscription Services, Customer may continue to use the Subscription Services, but will receive credit for one half day of its Apttus subscription, in that quarter, for each two hours of general Subscription Services unavailability below 99%. Any such credit may be applied ONLY against future invoices for Subscription Services. The penalties specified in this “Penalties” section shall be the sole remedies available to Customer for breach of this SLA.
Reporting and Claims: To file a claim under this SLA, Customer must send an email to sla@apttus.com with the following details:
- Billing information, including company name, billing address, billing contact and billing contact phone number
- Downtime information with dates and time periods for each instance of downtime during the relevant period
- An explanation of the claim made under this SLA, including any relevant calculations
Claims may only be made on a calendar quarter basis and must be submitted within 30 days after the end of the relevant quarter, except for periods at the end of a subscription agreement that do not coincide with a calendar quarter, in which case Customer must make any claim within 30 days after the end of its subscription agreement.
All claims will be verified against applicable system records. Should any periods of downtime submitted by Customer be disputed, Apttus will provide to Customer a record of Subscription Services availability for the period in question. Apttus will only provide records of system availability in response to good faith Customer claims.
This Service Level Agreement (“SLA”) applies in addition to the master subscription agreement (whether formed by separately executed agreement or by acceptance of the Master Subscription Services Agreement located at http://legal.apttus.com/) in place between Customer and Apttus (“Agreement”). In the event of any conflict between this SLA and the Agreement, this SLA shall prevail to the extent of any inconsistency.
Apttus may amend this SLA from time to time by posting an amended version at its website and sending Customer notice thereof (an email to Customer’s project sponsor shall be deemed sufficient in this case). Such amendment will be deemed accepted and become effective 30 days after such notice (the “Proposed Amendment Date”) unless Customer first gives Apttus written notice of rejection of the amendment. In the event of such rejection, this SLA will continue under its original provisions, and the amendment will become effective at the start of Customer’s next Subscription Term following the Proposed Amendment Date. Customer’s continued use of the Subscription Services following the effective date of an amendment will confirm Customer’s consent thereto. This SLA may not be amended in any other way except through a written agreement by authorized representatives of each party.
Definitions.
“Subscription Services” means the the online subscription services, including associated offline components, related online training and packaged technical support services provided or managed by Apttus.
Availability: Apttus warrants the Subscription Services will generally be available 99% of the time, except as provided below. General availability will be calculated per calendar quarter, as follows:
[(total – nonexcluded – excluded) *100] > 99%
total – excluded
Where:
total means the total number of minutes for the quarter
nonexcluded means downtime that is not excluded
excluded means the following:
Any planned downtime. (NOTE - Apttus planned downtime for scheduled maintenance takes place between 12:00 am and 11:59 am PT Saturdays. If the Subscription Services are hosted on the salesforce.com platform, then Apttus will use the same maintenance schedule as published and used by salesforce.com.)
Any period of unavailability lasting less than 5 minutes.
Any unavailability caused by circumstances beyond Apttus’ reasonable control, without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Apttus employees), or delays involving hardware, software or power systems not within Apttus possession or reasonable control, and network intrusions or denial of service attacks.
Unavailability for some specific features or functions within the Subscription Services, while others remain available, will not constitute unavailability of the Service, so long as the unavailable features or functions are not, in the aggregate, material to the Subscription Services as a whole.
Penalties: Should Apttus fail to meet 99% general availability of the Subscription Services for a calendar quarter, and this downtime significantly affected Customer’s ability to use the Subscription Services, Customer may continue to use the Subscription Services, but will receive credit for one half day of its Apttus subscription, in that quarter, for each two hours of general Subscription Services unavailability below 99%. Any such credit may be applied ONLY against future invoices for Subscription Services. The penalties specified in this “Penalties” section shall be the sole remedies available to Customer for breach of this SLA.
Reporting and Claims: To file a claim under this SLA, Customer must send an email to sla@apttus.com with the following details:
- Billing information, including company name, billing address, billing contact and billing contact phone number
- Downtime information with dates and time periods for each instance of downtime during the relevant period
- An explanation of the claim made under this SLA, including any relevant calculations
Claims may only be made on a calendar quarter basis and must be submitted within 30 days after the end of the relevant quarter, except for periods at the end of a subscription agreement that do not coincide with a calendar quarter, in which case Customer must make any claim within 30 days after the end of its subscription agreement.
All claims will be verified against applicable system records. Should any periods of downtime submitted by Customer be disputed, Apttus will provide to Customer a record of Subscription Services availability for the period in question. Apttus will only provide records of system availability in response to good faith Customer claims.
This Service Level Agreement (“SLA”) applies in addition to the master subscription agreement (whether formed by separately executed agreement or by acceptance of the APTTUS General Terms of Use located at http://legal.apttus.com/legal.html#apttus-general-terms-of-use) in place between Customer and APTTUS (“Agreement”). In the event of any conflict between this SLA and the Agreement, this SLA shall prevail to the extent of any inconsistency.
APTTUS may amend this SLA from time to time by posting an amended version at its website and sending Customer notice thereof (an email to Customer’s project sponsor shall be deemed sufficient in this case). Such amendment will be deemed accepted and become effective 30 days after such notice (the “Proposed Amendment Date”) unless Customer first gives APTTUS written notice of rejection of the amendment. In the event of such rejection, this SLA will continue under its original provisions, and the amendment will become effective at the start of Customer’s next Subscription Term following the Proposed Amendment Date. Customer’s continued use of the Service following the effective date of an amendment will confirm Customer’s consent thereto. This SLA may not be amended in any other way except through a written agreement by authorized representatives of each party.
Definitions.
“Service” means the online, Web-based service, including associated offline components, provided or managed by APTTUS under an order document.
Availability: APTTUS warrants the Service will generally be available 99% of the time, except as provided below. General availability will be calculated per calendar quarter, as follows:
[(total – nonexcluded – excluded) *100] > 99%
total – excluded
Where:
total means the total number of minutes for the quarter
nonexcluded means downtime that is not excluded
excluded means the following:
Any planned downtime. (NOTE - APTTUS planned downtime for scheduled maintenance takes place between 12:00 am and 11:59 am PT Saturdays. If the Service is hosted on the salesforce.com platform, then APTTUS will use the same maintenance schedule as published and used by salesforce.com.)
Any period of unavailability lasting less than 5 minutes.
Any unavailability caused by circumstances beyond APTTUS’ reasonable control, without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving APTTUS employees), or delays involving hardware, software or power systems not within APTTUS possession or reasonable control, and network intrusions or denial of service attacks.
Unavailability for some specific features or functions within the Service, while others remain available, will not constitute unavailability of the Service, so long as the unavailable features or functions are not, in the aggregate, material to the Service as a whole.
Penalties: Should APTTUS fail to meet 99% general availability of the Service for a calendar quarter, and this downtime significantly affected Customer’s ability to use the Service, Customer may continue to use the Service but will receive credit for one half day of its APTTUS subscription, in that quarter, for each two hours of general Service unavailability below 99%. Any such credit may be applied ONLY against future invoices for Services. The penalties specified in this “Penalties” section shall be the sole remedies available to Customer for breach of this SLA.
Reporting and Claims: To file a claim under this SLA, Customer must send an email to sla@apttus.com with the following details:
- Billing information, including company name, billing address, billing contact and billing contact phone number
- Downtime information with dates and time periods for each instance of downtime during the relevant period
- An explanation of the claim made under this SLA, including any relevant calculations
Claims may only be made on a calendar quarter basis and must be submitted within 30 days after the end of the relevant quarter, except for periods at the end of a subscription agreement that do not coincide with a calendar quarter, in which case Customer must make any claim within 30 days after the end of its subscription agreement.
All claims will be verified against applicable system records. Should any periods of downtime submitted by Customer be disputed, APTTUS will provide to Customer a record of Service availability for the period in question. APTTUS will only provide records of system availability in response to good faith Customer claims.
This Service Level Agreement (“SLA”) applies in addition to the master subscription agreement (whether formed by separately executed agreement or by acceptance of the APTTUS General Terms of Use located at http://legal.apttus.com/legal.html#apttus-general-terms-of-use) in place between Customer and APTTUS (“Agreement”). In the event of any conflict between this SLA and the Agreement, this SLA shall prevail to the extent of any inconsistency.
APTTUS may amend this SLA from time to time by posting an amended version at its website and sending Customer notice thereof (an email to Customer’s project sponsor shall be deemed sufficient in this case). Such amendment will be deemed accepted and become effective 30 days after such notice (the “Proposed Amendment Date”) unless Customer first gives APTTUS written notice of rejection of the amendment. In the event of such rejection, this SLA will continue under its original provisions, and the amendment will become effective at the start of Customer’s next Subscription Term following the Proposed Amendment Date. Customer’s continued use of the Service following the effective date of an amendment will confirm Customer’s consent thereto. This SLA may not be amended in any other way except through a written agreement by authorized representatives of each party.
Definitions.
“Service” means the online, Web-based service, including associated offline components, provided or managed by APTTUS under an order document.
Availability: APTTUS warrants the Service will generally be available 99% of the time, except as provided below. General availability will be calculated per calendar quarter, as follows:
[(total – nonexcluded – excluded) *100] > 99%
total – excluded
Where:
total means the total number of minutes for the quarter
nonexcluded means downtime that is not excluded
excluded means the following:
Any planned downtime. (NOTE - APTTUS planned downtime for scheduled maintenance takes place between 12:00 am and 11:59 am PT Saturdays. If the Service is hosted on the salesforce.com platform, then APTTUS will use the same maintenance schedule as published and used by salesforce.com.)
Any period of unavailability lasting less than 5 minutes.
Any unavailability caused by circumstances beyond APTTUS’ reasonable control, without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving APTTUS employees), or delays involving hardware, software or power systems not within APTTUS possession or reasonable control, and network intrusions or denial of service attacks.
Unavailability for some specific features or functions within the Service, while others remain available, will not constitute unavailability of the Service, so long as the unavailable features or functions are not, in the aggregate, material to the Service as a whole.
Penalties: Should APTTUS fail to meet 99% general availability of the Service for a calendar quarter, and this downtime significantly affected Customer’s ability to use the Service, Customer may continue to use the Service but will receive credit for one half day of its APTTUS subscription, in that quarter, for each two hours of general Service unavailability below 99%. Any such credit shall be applied to Customer’s next invoice. The penalties specified in this “Penalties” section shall be the sole remedies available to Customer for breach of this SLA.
Reporting and Claims: To file a claim under this SLA, Customer must send an email to sla@apttus.com with the following details:
- Billing information, including company name, billing address, billing contact and billing contact phone number
- Downtime information with dates and time periods for each instance of downtime during the relevant period
- An explanation of the claim made under this SLA, including any relevant calculations
Claims may only be made on a calendar quarter basis and must be submitted within 30 days after the end of the relevant quarter, except for periods at the end of a subscription agreement that do not coincide with a calendar quarter, in which case Customer must make any claim within 30 days after the end of its subscription agreement.
All claims will be verified against applicable system records. Should any periods of downtime submitted by Customer be disputed, APTTUS will provide to Customer a record of Service availability for the period in question. APTTUS will only provide records of system availability in response to good faith Customer claims.
This Service Level Agreement (“SLA”) applies in addition to the master subscription agreement (whether formed by separately executed agreement or by acceptance of the APTTUS General Terms of Use located at http://legal.apttus.com/legal.html#apttus-general-terms-of-use) in place between Customer and APTTUS (“Agreement”). In the event of any conflict between this SLA and the Agreement, this SLA shall prevail to the extent of any inconsistency.
APTTUS may amend this SLA from time to time by posting an amended version at its website and sending Customer notice thereof (an email to Customer’s project sponsor shall be deemed sufficient in this case). Such amendment will be deemed accepted and become effective 30 days after such notice (the “Proposed Amendment Date”) unless Customer first gives APTTUS written notice of rejection of the amendment. In the event of such rejection, this SLA will continue under its original provisions, and the amendment will become effective at the start of Customer’s next Subscription Term following the Proposed Amendment Date. Customer’s continued use of the Service following the effective date of an amendment will confirm Customer’s consent thereto. This SLA may not be amended in any other way except through a written agreement by authorized representatives of each party.
Definitions.
“Service” means the online, Web-based service, including associated offline components, provided or managed by APTTUS under an order document.
Availability: APTTUS warrants the Service will generally be available 99% of the time, except as provided below. General availability will be calculated per calendar quarter, as follows:
[(total – nonexcluded – excluded) *100] > 99%
total – excluded
Where:
total means the total number of minutes for the quarter
nonexcluded means downtime that is not excluded
excluded means the following:
Any planned downtime. (NOTE - APTTUS planned downtime for scheduled maintenance takes place between 12:00 am and 11:59 am PT Saturdays. If the Service is hosted on the salesforce.com platform, then APTTUS will use the same maintenance schedule as published and used by salesforce.com.)
Any period of unavailability lasting less than 5 minutes.
Any unavailability caused by circumstances beyond APTTUS’ reasonable control, without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving APTTUS employees), or delays involving hardware, software or power systems not within APTTUS possession or reasonable control, and network intrusions or denial of service attacks.
Unavailability for some specific features or functions within the Service, while others remain available, will not constitute unavailability of the Service, so long as the unavailable features or functions are not, in the aggregate, material to the Service as a whole.
Penalties: Should APTTUS fail to meet 99% general availability of the Service for a calendar quarter, and this downtime significantly affected Customer’s ability to use the Service, Customer may continue to use the Service but will receive credit for one half day of its APTTUS subscription, in that quarter, for each two hours of general Service unavailability below 99%. Any such credit shall be applied to Customer’s next invoice (or refunded if there are no forthcoming invoices). The penalties specified in this “Penalties” section shall be the sole remedies available to Customer for breach of this SLA.
Reporting and Claims: To file a claim under this SLA, Customer must send an email to sla@apttus.com with the following details:
- Billing information, including company name, billing address, billing contact and billing contact phone number
- Downtime information with dates and time periods for each instance of downtime during the relevant period
- An explanation of the claim made under this SLA, including any relevant calculations
Claims may only be made on a calendar quarter basis and must be submitted within 30 days after the end of the relevant quarter, except for periods at the end of a subscription agreement that do not coincide with a calendar quarter, in which case Customer must make any claim within 30 days after the end of its subscription agreement.
All claims will be verified against applicable system records. Should any periods of downtime submitted by Customer be disputed, APTTUS will provide to Customer a record of Service availability for the period in question. APTTUS will only provide records of system availability in response to good faith Customer claims.
This APTTUS Service Level Agreement (“SLA”) applies in addition to the master subscription agreement (whether formed by separately executed agreement or by acceptance of the APTTUS General Terms of Use located at http://legal.apttus.com/legal.html#apttus-general-terms-of-use) in place between Customer and APTTUS (“Agreement”). In the event of any conflict between this SLA and the Agreement, this SLA shall prevail to the extent of any inconsistency.
APTTUS may amend this SLA from time to time by posting an amended version at its website and sending Customer notice thereof (an email to Customer’s project sponsor shall be deemed sufficient in this case). Such amendment will be deemed accepted and become effective 30 days after such notice (the “Proposed Amendment Date”) unless Customer first gives APTTUS written notice of rejection of the amendment. In the event of such rejection, this SLA will continue under its original provisions, and the amendment will become effective at the start of Customer’s next Subscription Term following the Proposed Amendment Date. Customer’s continued use of the Service following the effective date of an amendment will confirm Customer’s consent thereto. This SLA may not be amended in any other way except through a written agreement by authorized representatives of each party.
Definitions.
“Service” means the online, Web-based service, including associated offline components, provided or managed by APTTUS under an order document.
Availability: APTTUS warrants the Service will generally be available 99% of the time, except as provided below. General availability will be calculated per calendar quarter, as follows:
[(total – nonexcluded – excluded) *100] > 99%
total – excluded
Where:
total means the total number of minutes for the quarter
nonexcluded means downtime that is not excluded
excluded means the following:
Any planned downtime. (NOTE - APTTUS planned downtime for scheduled maintenance takes place between 12:00 am and 11:59 am PT Saturdays. If the Service is hosted on the salesforce.com platform, then APTTUS will use the same maintenance schedule as published and used by salesforce.com.)
Any period of unavailability lasting less than 5 minutes.
Any unavailability caused by circumstances beyond APTTUS’ reasonable control, without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving APTTUS employees), or delays involving hardware, software or power systems not within APTTUS possession or reasonable control, and network intrusions or denial of service attacks.
Unavailability for some specific features or functions within the Service, while others remain available, will not constitute unavailability of the Service, so long as the unavailable features or functions are not, in the aggregate, material to the Service as a whole.
Penalties: Should APTTUS fail to meet 99% general availability of the Service for a calendar quarter, and this downtime significantly affected Customer’s ability to use the Service, Customer may continue to use the Service but will receive credit for one half day of its APTTUS subscription, in that quarter, for each two hours of general Service unavailability below 99%. Any such credit shall be applied to Customer’s next invoice (or refunded if there are no forthcoming invoices). The penalties specified in this “Penalties” section shall be the sole remedies available to Customer for breach of this SLA.
Reporting and Claims: To file a claim under this SLA, Customer must send an email to sla@apttus.com with the following details:
- Billing information, including company name, billing address, billing contact and billing contact phone number
- Downtime information with dates and time periods for each instance of downtime during the relevant period
- An explanation of the claim made under this SLA, including any relevant calculations
Claims may only be made on a calendar quarter basis and must be submitted within 30 days after the end of the relevant quarter, except for periods at the end of a subscription agreement that do not coincide with a calendar quarter, in which case Customer must make any claim within 30 days after the end of its subscription agreement.
All claims will be verified against applicable system records. Should any periods of downtime submitted by Customer be disputed, APTTUS will provide to Customer a record of Service availability for the period in question. APTTUS will only provide records of system availability in response to good faith Customer claims.
This SLA applies in addition to the Agreement. In the event of any conflict between this SLA and the Agreement, this SLA shall prevail to the extent of any inconsistency.
APTTUS may amend this SLA from time to time by posting an amended version at its website and sending Customer notice thereof (an email to Customer’s project sponsor shall be deemed sufficient in this case). Such amendment will be deemed accepted and become effective 30 days after such notice (the “Proposed Amendment Date”) unless Customer first gives APTTUS written notice of rejection of the amendment. In the event of such rejection, this SLA will continue under its original provisions, and the amendment will become effective at the start of Customer’s next Subscription Term following the Proposed Amendment Date. Customer’s continued use of the Service following the effective date of an amendment will confirm Customer’s consent thereto. This SLA may not be amended in any other way except through a written agreement by authorized representatives of each party.
Definitions.
“Service” means the online, Web-based service, including associated offline components, provided or managed by APTTUS under an order document.
Availability: APTTUS warrants the Service will generally be available 99% of the time, except as provided below. General availability will be calculated per calendar quarter, as follows:
[(total – nonexcluded – excluded) *100] > 99%
total – excluded
Where:
total means the total number of minutes for the quarter
nonexcluded means downtime that is not excluded
excluded means the following:
Any planned downtime. (NOTE - APTTUS planned downtime for scheduled maintenance takes place between 12:00 am and 11:59 am PT Saturdays. If the Service is hosted on the salesforce.com platform, then APTTUS will use the same maintenance schedule as published and used by salesforce.com.)
Any period of unavailability lasting less than 5 minutes.
Any unavailability caused by circumstances beyond APTTUS’ reasonable control, without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving APTTUS employees), or delays involving hardware, software or power systems not within APTTUS possession or reasonable control, and network intrusions or denial of service attacks.
Unavailability for some specific features or functions within the Service, while others remain available, will not constitute unavailability of the Service, so long as the unavailable features or functions are not, in the aggregate, material to the Service as a whole.
Penalties: Should APTTUS fail to meet 99% general availability of the Service for a calendar quarter, and this downtime significantly affected Customer’s ability to use the Service, Customer may continue to use the Service but will receive credit for one half day of its APTTUS subscription, in that quarter, for each two hours of general Service unavailability below 99%. Any such credit shall be applied to Customer’s next invoice (or refunded if there are no forthcoming invoices). The penalties specified in this “Penalties” section shall be the sole remedies available to Customer for breach of this SLA.
Reporting and Claims: To file a claim under this SLA, Customer must send an email to sla@apttus.com with the following details:
- Billing information, including company name, billing address, billing contact and billing contact phone number
- Downtime information with dates and time periods for each instance of downtime during the relevant period
- An explanation of the claim made under this SLA, including any relevant calculations
Claims may only be made on a calendar quarter basis and must be submitted within 30 days after the end of the relevant quarter, except for periods at the end of a subscription agreement that do not coincide with a calendar quarter, in which case Customer must make any claim within 30 days after the end of its subscription agreement.
All claims will be verified against applicable system records. Should any periods of downtime submitted by Customer be disputed, APTTUS will provide to Customer a record of Service availability for the period in question. APTTUS will only provide records of system availability in response to good faith Customer claims.
This SLA applies in addition to the Agreement. In the event of any conflict between this SLA and the Agreement, this SLA shall prevail to the extent of any inconsistency.
APTTUS may amend this SLA from time to time by posting an amended version at its website and sending Customer notice thereof (an email to Customer’s project sponsor shall be deemed sufficient in this case). Such amendment will be deemed accepted and become effective 30 days after such notice (the “Proposed Amendment Date”) unless Customer first gives APTTUS written notice of rejection of the amendment. In the event of such rejection, this SLA will continue under its original provisions, and the amendment will become effective at the start of Customer’s next Subscription Term following the Proposed Amendment Date. Customer’s continued use of the Service following the effective date of an amendment will confirm Customer’s consent thereto. This SLA may not be amended in any other way except through a written agreement by authorized representatives of each party.
Definitions.
“Service” means the online, Web-based service, including associated offline components, provided or managed by APTTUS under an order document.
Availability: APTTUS warrants the Service will generally be available 99% of the time, except as provided below. General availability will be calculated per calendar quarter, as follows:
[(total – nonexcluded – excluded) *100] > 99%
total – excluded
Where:
total means the total number of minutes for the quarter
nonexcluded means downtime that is not excluded
excluded means the following:
Any planned downtime. (NOTE - If Service is hosted on Microsoft Azure platform, APTTUS shall perform all scheduled maintenance between 12:00 am and 11:59 am PT Saturdays. If Service is hosted on salesforce.com platform, then APTTUS will use the same maintenance schedule published and used by salesforce.com.)
Any period of unavailability lasting less than 5 minutes.
Any unavailability caused by circumstances beyond APTTUS’ reasonable control, without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving APTTUS employees), or delays involving hardware, software or power systems not within APTTUS possession or reasonable control, and network intrusions or denial of service attacks.
Unavailability for some specific features or functions within the Service, while others remain available, will not constitute unavailability of the Service, so long as the unavailable features or functions are not, in the aggregate, material to the Service as a whole.
Penalties: Should APTTUS fail to meet 99% general availability of the Service for a calendar quarter, and this downtime significantly affected Customer’s ability to use the Service, Customer may continue to use the Service but will receive credit for one half day of its APTTUS subscription, in that quarter, for each two hours of general Service unavailability below 99%. Any such credit shall be applied to Customer’s next invoice (or refunded if there are no forthcoming invoices). The penalties specified in this “Penalties” section shall be the sole remedies available to Customer for breach of this SLA.
Reporting and Claims: To file a claim under this SLA, Customer must send an email to sla@apttus.com with the following details:
- Billing information, including company name, billing address, billing contact and billing contact phone number
- Downtime information with dates and time periods for each instance of downtime during the relevant period
- An explanation of the claim made under this SLA, including any relevant calculations
Claims may only be made on a calendar quarter basis and must be submitted within 30 days after the end of the relevant quarter, except for periods at the end of a subscription agreement that do not coincide with a calendar quarter, in which case Customer must make any claim within 30 days after the end of its subscription agreement.
All claims will be verified against applicable system records. Should any periods of downtime submitted by Customer be disputed, APTTUS will provide to Customer a record of Service availability for the period in question. APTTUS will only provide records of system availability in response to good faith Customer claims.
This SLA applies in addition to the Agreement. In the event of any conflict between this SLA and the Agreement, this SLA shall prevail to the extent of any inconsistency.
APTTUS may amend this SLA from time to time by posting an amended version at its website and sending Customer notice thereof (an email to Customer’s project sponsor shall be deemed sufficient in this case). Such amendment will be deemed accepted and become effective 30 days after such notice (the “Proposed Amendment Date”) unless Customer first gives APTTUS written notice of rejection of the amendment. In the event of such rejection, this SLA will continue under its original provisions, and the amendment will become effective at the start of Customer’s next Subscription Term following the Proposed Amendment Date. Customer’s continued use of the Service following the effective date of an amendment will confirm Customer’s consent thereto. This SLA may not be amended in any other way except through a written agreement by authorized representatives of each party.
Definitions.
“Service” means the online, Web-based service, including associated offline components, provided or managed by APTTUS under an order document.
Availability: APTTUS warrants the Service will generally be available 99% of the time, except as provided below. General availability will be calculated per calendar quarter, as follows:
[(total – nonexcluded – excluded) *100] > 99%
total – excluded
Where:
total means the total number of minutes for the quarter
nonexcluded means downtime that is not excluded
excluded means the following:
Any planned downtime.
Any period of unavailability lasting less than 5 minutes.
Any unavailability caused by circumstances beyond APTTUS’ reasonable control, without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving APTTUS employees), or delays involving hardware, software or power systems not within APTTUS possession or reasonable control, and network intrusions or denial of service attacks.
Unavailability for some specific features or functions within the Service, while others remain available, will not constitute unavailability of the Service, so long as the unavailable features or functions are not, in the aggregate, material to the Service as a whole.
Penalties: Should APTTUS fail to meet 99% general availability of the Service for a calendar quarter, and this downtime significantly affected Customer’s ability to use the Service, Customer may continue to use the Service but will receive credit for one half day of its APTTUS subscription, in that quarter, for each two hours of general Service unavailability below 99%. Any such credit shall be applied to Customer’s next invoice (or refunded if there are no forthcoming invoices). The penalties specified in this “Penalties” section shall be the sole remedies available to Customer for breach of this SLA.
Reporting and Claims: To file a claim under this SLA, Customer must send an email to sla@apttus.com with the following details:
- Billing information, including company name, billing address, billing contact and billing contact phone number
- Downtime information with dates and time periods for each instance of downtime during the relevant period
- An explanation of the claim made under this SLA, including any relevant calculations
Claims may only be made on a calendar quarter basis and must be submitted within 30 days after the end of the relevant quarter, except for periods at the end of a subscription agreement that do not coincide with a calendar quarter, in which case Customer must make any claim within 30 days after the end of its subscription agreement.
All claims will be verified against applicable system records. Should any periods of downtime submitted by Customer be disputed, APTTUS will provide to Customer a record of Service availability for the period in question. APTTUS will only provide records of system availability in response to good faith Customer claims.