This Service Level Addendum (SLA) is incorporated into and governed by the Master Subscription Agreement (the Agreement). Capitalized terms not defined in this SLA have the meanings given to them in the Agreement.
Own shall make the Customer Data available in the SaaS Services for at least 99.9% of each calendar month, subject to this SLA.
a. General Backup and Restore. As part of its backup and restore SaaS Services, Own shall perform daily backups of the Customer Data, subject to this SLA.
b. High-Frequency Backup. As part of its High-Frequency Backup Service, Own shall perform backups of the number of Salesforce objects specified in the applicable Order, at the intervals specified in such Order, subject to this SLA.
c. Large Data Volumes. Where a Customer Data set to be backed up exceeds the number of records specified below, the above backup frequency commitments will not apply, and Own will work with Customer to provide backups as frequently as reasonably possible, including by endeavoring to optimize backup run times: (i) one billion records for data sets backed up from Salesforce, (ii) 100 million records for data sets backed up from ServiceNow, and (iii) 20 million records for data sets backed up from Microsoft Dynamics 365.
a. Availability For each month in which Own fails to meet the availability commitment in Section 1, Customer will be eligible to receive a service credit in the form of an extension of its subscription for the applicable Own product, as specified below
For any partial calendar month during which Customer subscribes to a SaaS Service, availability will be calculated based on the entire calendar month, not just the portion for which Customer subscribed.
b. Backup Frequency - General Backup and Restore. For each day that Own fails to meet the general backup frequency commitment in Section 2.a, Customer will be eligible to receive a service credit in the form of a three-day extension of its subscription for the applicable Own backup and restore product, as provided below.
c. Backup Frequency - High-Frequency Backup. For each High-Frequency Backup interval, as specified in the applicable Order, in which Own fails to meet the backup frequency commitment in Section 2.b, Customer will be eligible to receive a service credit in the form of a one-day extension of its subscription for the applicable Own High-Frequency Backup product, as provided below.
d. Process and Limitations. To claim a service credit, Customer must notify Own at firstname.lastname@example.org within 30 days after the end of the month in which Own's applicable failure to meet the SLA occurred. If Own disputes the claim, it will provide to Customer a report documenting applicable service levels for the month. In no event will the total aggregate service credits for a calendar month exceed 45 days’ extension of Customer’s subscription for the applicable Own product. The remedies described in this SLA constitute Own’s sole liability and Customer’s exclusive remedy for any failure by Own to meet the commitments in this SLA.
Maintenance Window means SaaS Service unavailability due to maintenance of which Own notifies Customer at least 48 hours in advance via the Own website (currently https://status.owndata.com/) or via email. Own will use commercially reasonable efforts to schedule maintenance during weekend hours and to limit it to four hours per month.
Monthly Uptime Percentage means the percentage derived by subtracting the number of minutes of Unpermitted Downtime in a calendar month from the total number of minutes in the calendar month, and dividing the difference by the total number of minutes in the calendar month.
SaaS Services means Own software-as-a-service applications made available to Customer as part of the Services.
Unpermitted Downtime means any unavailability of a SaaS Service except:
If Customer is using BYOS, Own is not responsible for unavailability or backup failures resulting from unavailability of Customer’s AWS bucket or Customer’s failure to configure its AWS bucket in accordance with the BYOS Documentation. This SLA does not apply to SaaS Services designated in writing as beta, pilot, limited release, or by descriptions of similar import, or to any Own product or service for which the user documentation expressly excludes this SLA. Own will have no obligations under this SLA during any period in which Customer is in breach of its payment obligations under the Agreement.