PropelCLOUD Storage Service Level Agreement

Last Updated December 31, 2018

This PropelCLOUD Storage Service Level Agreement (“SLA”) is a policy governing the use of PropelCLOUD Storage and PropelCLOUD Storage Archive (each a “PropelCLOUD Service”) under the terms of the PropelCLOUD Services Customer Agreement (the “PropelCLOUD Agreement”) between Propel Cloud LLC and its affiliates (“PropelCLOUD”, “us” or “we”) and users of PropelCLOUD services (“you”). This SLA applies separately to each account using a PropelCLOUD Storage Service. Unless otherwise provided herein, this SLA is subject to the terms of the PropelCLOUD Agreement and capitalized terms will have the meaning specified in the PropelCLOUD Agreement. We reserve the right to change the terms of this SLA in accordance with the PropelCLOUD Agreement. 

Service Commitment

PropelCLOUD will use commercially reasonable efforts to make each PropelCLOUD Storage Service available with the applicable Monthly Uptime Percentage (as defined below) during any monthly billing cycle (the “Service Commitment”). In the event an PropelCLOUD Storage Service does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

Definitions

• “Error Rate” means: (i) the total number of internal server errors returned by the applicable PropelCLOUD Storage Service as error status “InternalError” or “ServiceUnavailable” divided by (ii) the total number of requests for the applicable request type during that 5-minute period. We will calculate the Error Rate for each PropelCLOUD Storage Service account as a percentage for each 5-minute period in the monthly billing cycle. The calculation of the number of internal server errors will not include errors that arise directly or indirectly as a result of any of the PropelCLOUD Storage SLA Exclusions (as defined below).

• “Monthly Uptime Percentage” is calculated by subtracting from 100% the average of the Error Rates from each 5-minute period in the monthly billing cycle.

• A “Service Credit” is a dollar credit, calculated as set forth below, that we may credit back to an eligible PropelCLOUD Storage Service account.

Service Credits

Service Credits are calculated as a percentage of the total charges paid by you for the applicable PropelCLOUD Storage Service for the billing cycle in which the error occurred in accordance with the schedule below.
For all requests not otherwise specified below: 

For requests to PropelCLOUD Storage Intelligent-Tiering, PropelCLOUD Storage Standard-Infrequent Access, and PropelCLOUD Storage One Zone-Infrequent Access: 

We will apply any Service Credits only against future PropelCLOUD Storage Service payments otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the error occurred. Service Credits will not entitle you to any refund or other payment from PropelCLOUD. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the PropelCLOUD Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide an PropelCLOUD Storage Service is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA. 

Credit Request and Payment Procedures

To receive a Service Credit, you must submit a claim by opening a case in the PropelCLOUD Support Center. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:

1. the words “SLA Credit Request” in the subject line;

2. the dates and times of each incident of non-zero Error Rates that you are claiming; and

3. your request logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).

If the Monthly Uptime Percentage applicable to the month of such request is confirmed by us and is less than the applicable Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.

PropelCLOUD Storage SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of an PropelCLOUD Storage Service, or any other PropelCLOUD Storage Service performance issues: (i) that result from a suspension described in Section 6.1 of the PropelCLOUD Agreement; (ii) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of the applicable PropelCLOUD Storage Service; (iii) that result from any actions or in-actions of you or any third party; (iv) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); or (v) arising from our suspension and termination of your right to use an PropelCLOUD Storage Service in accordance with the PropelCLOUD Agreement (collectively, the “PropelCLOUD Storage SLA Exclusions”). If availability is impacted by factors other than those used in our calculation of the Error Rate, then we may issue a Service Credit considering such factors at our discretion.