This PropelCLOUD Virtual Desktop Service Level Agreement (this “SLA”) is a policy governing the use of the Included Products and Services (listed below) by you or the entity you represent (“you”) under the terms of the PropelCLOUD Customer Agreement (the “PropelCLOUD Agreement”) between Propel Cloud LLC and its affiliates (“PropelCLOUD”, “us” or “we”) and you. This SLA applies separately to each account using the Included Products and Services. 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.
PropelCLOUD will use commercially reasonable efforts to make the Included Products and Services each available with a Monthly Uptime Percentage (defined below) of at least 99.99%, in each case during any monthly billing cycle (the “Service Commitment”). In the event any of the Included Products and Services do not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.
“Available” means that a Virtual Desktop was not “Unavailable” during a 1 minute interval.
“Monthly Uptime Percentage” for a given PropelCLOUD Account in a PropelCLOUD region is calculated by the average percentage of all Available Virtual Desktops for the PropelCLOUD Account in the PropelCLOUD region (availability measured in 1 minute intervals) during the monthly billing cycle. Each PropelCLOUD Virtual Desktop is assumed to be 100% Available if there were no connection attempts during a 1 minute interval. Monthly Uptime Percentage measurements exclude unavailability resulting directly or indirectly from any PropelCLOUD Virtual Desktop SLA Exclusion.
A “Service Credit" is a dollar credit, calculated as set forth above, that we may credit back to an eligible account for Virtual Desktops in the PropelCLOUD region which falls below the Monthly Uptime Percentage.
“Unavailable” means that all connection events for a Virtual Desktop were unsuccessful during a 1 minute interval.
PropelCLOUD will use commercially reasonable efforts to make PropelCLOUD Virtual Desktops available with a Monthly Uptime Percentage of at least 99.9% for each PropelCLOUD Account in an PropelCLOUD region during any monthly billing cycle (the “Service Commitment"). In the event PropelCLOUD Virtual Desktops does not meet the Monthly Uptime Percentage commitment, you will be eligible to receive a Service Credit as described below.
Service Credits are calculated as a percentage of the charges paid by you for all PropelCLOUD Virtual Desktops in the PropelCLOUD region that did not meet the Monthly Uptime Percentage commitment in a billing cycle in accordance with the schedule below.
50%
Monthly Uptime Percentage
Service Credit Percentage
Less than 99.99% but equal to or greater than 99.0%
10%
Less than 99.0%
25%
Less than 95.0%
50%
We will apply any Service Credits only against future PropelCLOUD Virtual Desktop 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 unavailability 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 Agreement, your sole and exclusive remedy for any unavailability or non-performance or other failure by us to provide PropelCLOUD Virtual Desktops is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
To receive a Service Credit, you must submit a claim by opening a case in the PropelCLOUD Support Portal. 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:
the words “SLA Credit Request” in the subject line;
the dates and times of each Unavailability incident that you are claiming;
the affected PropelCLOUD Virtual Desktop IDs and PropelCLOUD region falling below the PropelCLOUD Virtual Desktops SLA; and
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 of such request is confirmed by us and is less than the 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.
The Service Commitment does not apply to any unavailability, suspension or termination of PropelCLOUD Virtual Desktops, or any other PropelCLOUD Virtual Desktop performance issues: (i) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of PropelCLOUD Virtual Desktops; (ii) that result from any actions or inactions from you or any third party; (iii) that result from failure to follow the guidelines or exceeding the limitations described in the PropelCLOUD Virtual Desktops Documentation on the PropelCLOUD Site; (iv) that result from Virtual Desktops in an Inoperable state; (v) that result from failures prior to or during authentication to the PropelCLOUD Virtual Desktops service; (vi) that result from client application (non-server) failures; (vii) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment beyond our direct control); (viii) that result from any maintenance as provided for pursuant to the Agreement; and (ix) arising from our suspension or termination of your right to use PropelCLOUD Virtual Desktops in accordance with the Agreement (collectively, the “PropelCLOUD Virtual Desktops SLA Exclusions"). If availability is impacted by factors other than those explicitly used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.
