Cloudbric WAF SERVICE LEVEL AGREEMENT (“SLA”) is incorporated into the Cloudbric WAF Service Agreement (“SA”) and applicable separately to each account using Services. Unless otherwise provided herein, this SLA is subject to the terms of the SA and capitalized terms will have the meaning specified in the SA. PENTA reserves the right to change the terms of this SLA in accordance with the SA.
This SLA does not apply to the availability of Third Party Services. The SLA is binding only on the Customer and PENTA and does apply to any third parties.
The issuance of SLA Credits defined below is the sole and exclusive remedy of Customer and PENTA’s sole and exclusive obligation, for any failure by PENTA to satisfy the requirements set forth in this SLA.
The terms and conditions of this SLA is not applicable to any and all Services delivered to Customer by PENTA during the Beta Period.
“Applicable Monthly Service Fees” means the total fees paid by Customer for the Services that are applied to the month in which a Service Credit is owed.
“Customer Minutes” means the total number of minutes in a month.
“Loss of Services” means a period during all continual WEB requests for the Customer’s Server specified in the Profile that are made throughout the minute to do not result in a valid Web Response within [five (5) continuous minutes] excluding unavailability of the Services due to limitations describe in SLA CREDIT EXCLUSION below.
“Service Credit” is the percentage of the Applicable Monthly Service Fees credited to Customer subject to PENTA’s APPROVED PROCEDURE below.
“Service Level” means the performance metric(s) set forth in this SLA that PENTA agrees to meet in the delivery of Services, e.g., monthly availability.
“Verified Outage” means Loss of Services that has been verified by PENTA using its monitoring logs of accessibility to the Services during any given month.
“Valid Web Response” means a WEB response, received from at least one of the Cloudbric WAF virtual machine, to a Web request for the domain name specified for a given Cloudbric WAF Profile.
“Cloudbric WAF Profile” or “Profile” refers to a deployment of the Cloudbric WAF service created by Customer containing a domain name, IP Address, and other configuration settings, as represented in the Cloudbric Website.
SERVICE LEVEL COMMITMENT
The “Monthly Availability Percentage” for the Services is calculated by the following formula:
Monthly Availability Percentage = 100 x (Customer Minutes - Verified Outage) / Customer Minutes
If the Monthly Availability Percentage falls below 99.95% for any given month, Customer may be eligible for the Service Credit pursuant to EXHIBIT A.
The Service Credits awarded in any billing month shall not, under any circumstance, exceed Customer’s monthly Service fees for that billing month.
Customer is eligible to receive SLA Credit, subject to the following process:
- Customer will report Loss of Services to PENTA through the Cloudbric Website. The report must include Service type, IP Address, dates and times, error messages received if any, contact information, and full description of the interruption of Service.
- To receive an SLA Credit, Customer must submit a report of Loss of Services to the Cloudbric Website within [seven (7) days] from occurrence of Loss of Services.
- PENTA will review Loss of Services.
- PENTA’s evaluation of SLA Credits is final and binding.
- Customer agrees to pay all invoices in full while Loss of Services is being reviewed or SLA Credit is being determined.
- PENTA will communicate the SLA Credits to Customer and apply such SLA Credits to the Customer’s future invoice for the relevant Services subject to PENTA’s standard policies.
Customer who, at the time of the report of Loss of Services, is not current on its payment of the fees for the Services do not qualify for SLA Credits for such Loss of Services. In addition, Customer who has not paid fees when due for the Services three or more times in the previous twelve calendar months do not qualify for SLA Credits.
USE OF SLA CREDITS
The SLA Credits may not be sold or transferred to other parties. False or duplicative claims by Customer shall be deemed as a violation of the SA and may, at PENTA’s sole discretion, result in a suspension of the Services. SLA Credits shall expire on the termination or expiration of the SA.
SLA CREDIT EXCLUSION
This SLA and any applicable Service Levels do not apply to any performance or availability issues:
Service Credits do not apply for periods during which the Services are not available for the following reasons:
- PENTA or its third party service providers performing system upgrades, enhancements and routine maintenance activities which are announced on the Cloudbric Website [upon two (2) days advance notice] or for maintenance determined by PENTA to be an emergency upon notice provided through the [Cloudbric Website] (“Scheduled Maintenance”);
- Any unscheduled maintenance initiated by PENTA (“Unscheduled Maintenance”);
- Customer use of the Services in violation of the SA;
- Issues relating to the Customer Content;
- Automated display of Cloudbric web-seal;
- Problems with Customer’s access to Internet;
- System administration, commands, file transfers performed by Customer representatives;
- Events described in the Force Majeure provision in the SA;
- Suspension of Customer’s access to the Services or blocking to Customer’s site as provided in the SA;
- Violation of the AUP;
- Problems caused by Customer’s use of the Services as a result of not following PENTA's modification advisement;
- Problems arising from Customer’s or any third party’s software, hardware, or other technology or equipment;
- Bypass by Customer as provided in the SA.
EXHIBIT A Cloudbric WAF Service Commitments and Service Credits
Monthly Availability Percentage
Service Credit Percentage
< 99.95% but >= 99%