This Service Level Agreement ( the “SLA”) shall apply to End Users and (as applicable, “Licensees”) who have contracted for applicable 6fusion Materials (listed below) and who are in good financial standing with 6fusion other than good faith disputes of fees and not in material breach of the 6fusion Terms of Service Agreement.
Applicable 6fusion Materials – This SLA shall apply to the following services (the 6fusion Materials”):
- 1. 6fusion Platform
- 2. 6fusion Site
- 3. 6fusion Software
“6fusion Materials” means Documentation, 6fusion Site, 6fusion Software, Results and 6fusion Platform (as well as any materials, tools, documents, diagnostics and test infrastructure provided by 6fusion to support the 6fusion Site, 6fusion Software and 6fusion Platform) and all worldwide intellectual property rights relating to or embodied therein.
“6fusion Platform” means the hosted online service that 6fusion provides through the use of 6fusion Software and described in the applicable Customer Order.
“6fusion Site” means the 6fusion websites from which a 6fusion customer may access the 6fusion Platform.
“6fusion Software” means 6fusion’s proprietary software that facilitates transmission of Metering Data to the 6fusion Platform or authorized Third Party Vendor for whom the Customer has agreed to separate terms and conditions.
“Availability” or “Available” means that a user can access the 6fusion Site and 6fusion Platform for the purposes of accessing Metering Data and that 6fusion Software can submit Metering Data to the 6fusion Platform.
“Metering Data” means the data received and analyzed by the 6fusion Platform relating to the use of Supplier Services by End Users, Reseller and/or Supplier, including the measurement of the computing capacity in WAC’s.
3.0 Service Level
6fusion will use commercially reasonable efforts to target 100.00% availability for the applicable 6fusion Services.
4.0 Service Credits
Service Credits shall be applied based on the time for which the applicable 6fusion Services are not Available.
|Greater than five (5) minutes, less than one (1) hour||Four (4) hours|
|Greater than one (1) hour, less than four (4) hours||One (1) day|
|Greater than four (4) hours, less than eight (8) hours||One (1) week|
|Greater than eight (8) hours||One (1) Month|
Service Credits will be retroactive and will be calculated from time of proper notification (as provided below) and measured based on a 24-hours a day in a calendar month, with the maximum credit not to exceed the monthly service charge for the affected month.
* In no event shall Service Credit exceed one (1) month’s fees for the affected 6fusion Services.
Credits are not applied to Outages during (a) Scheduled Maintenance Windows (as specified below) or Emergency Maintenance (defined below); (b) outages caused by acts or omissions of Licensee, including its applications, equipment, or facilities, or by any use or user of the 6fusion Services authorized by Licensee; (c) outages caused by hackers, sabotage, viruses, worms, or other third party wrongful actions; (d) issues outside of 6fusion’s control; (e) outages resulting from Internet anomalies outside of 6fusion’s control; (f) outages resulting from fires, explosions, or force majeure; (g) outages that occur due to supplier issues affecting more than just 6fusion; and (h) failures during a “beta” period.
(ii) Outages will initially be measured by the Licensee’s monitoring system. In the event the Licensee declares an Outage and provides written notification to 6fusion of such outage, 6fusion will first confirm the existence of an Outage and if confirmed, use its commercially reasonable efforts to resolve such outage. If it turns out after diagnosis that no Outage has occurred, then no Service Credits shall be due to Licensee.
(iii) In the event of any confirmed Outage, 6fusion will engage appropriate engineering resources until 6fusion has determined that the issue is resolved.
5.0 Notification & Credit request
Notification: Acceptable written notification from the Licensee shall be in the form of an open ticket by the Licensee through 6fusion’s standard ticketing system available on the 6fusion Site.
Credit Request and Payment Procedures: In order to receive a Service Credit, the Licensee must make a request by sending an e-mail email@example.com. Each credit request in connection with this SLA must be received by 6fusion within 48 hours of the Outage’s resolution referenced in Section 3.0 above and must include the Licensee’s name as listed in 6fusion’s records, the date and approximate time and a brief description of the outage. Incomplete credit requests will be returned by 6fusion.
Service Credits will consist solely in the form of credits against future services and in no cases will result in any payment or refund from 6fusion to Licensee.
6.0 Maintenance Window(s)
From time to time it may be necessary to schedule a Maintenance Window. 6fusion will provide the Licensee with one calendar week (7 days) prior notice regarding any scheduled maintenance window. Notwithstanding the foregoing, in the event of Emergency Maintenance, every attempt will be made to contact the Licensee prior to applying any fixes, unless such prior notice is not feasible given the severity of the emergency and its potential impact on 6fusion, in which case notice will be provided as promptly as possible but such notice is not guaranteed and failure thereof does not constitute an Outage. “Emergency Maintenance” refers to any corrective action intended to remedy conditions likely to cause severe Service degradation, as designated by 6fusion in its sole discretion. Emergency Maintenance may include but is not limited to actions intended to address hardware or software failures or viruses/worms. This section shall not impact any remedies or other provisions associated with outages and credits as set forth in section 3.0 of the SLA.
7.0 Sole and Exclusive Remedy
The Service Credits provided in this SLA are the sole and exclusive remedy for Licensee for any Outage.