This swXtch.io Service Level Agreement (this “SLA”) is governs the use of the Services (defined below) by you or the entity you represent (“you” or “Customer”) under the terms of the swXtch.io Terms and Conditions (the “Terms and Conditions”) between swXtch.io LLC (“swXtch.io”, “us” or “we”) and you. This SLA applies separately to each account using the Services. Unless otherwise provided herein, this SLA is subject to the Terms and Conditions and capitalized terms will have the meaning specified in the Terms and Conditions. We reserve the right to change the terms of this SLA in accordance with the Terms of and Conditions.
1. Support Services.
During the Subscription Term, Customer will have access to Support Services in accordance with the Support Terms. “Support Terms” means the terms provided by SwXtch.io, or an authorized support partner, to Customer and which are available at https://swXtch.io /support.
swXtch.io shall not be responsible for providing Support Services for software, firmware, hardware not supplied by swXtch.io. Services described herein do not include any support of any failure or defect in the Services solely caused by Customer, or if any Services (or any component of the foregoing) has been used in a manner not materially conforming to the requirements or suggestions in Documentation or in this SLA, or if any Services (or any component of the foregoing) is used by Customer on an unsupported platform or hardware or has been altered or modified by Customer without swXtch.io’s approval or otherwise in a manner reasonably contemplated by this SLA.
3. Service Level Commitment
a) Service Level. During the Term, swXtch.io agrees that the components of swXtch.io Software Defined Multicast (SDMC) will be operational and available, subject to the availability of Azure Cloud Services, to Customer as follows:
except for: (i) Scheduled Downtime, or (ii) unavailability of the Services due to the exclusions described in Section 6 below (“Service Level Commitment Exclusions”). If swXtch.io does not meet the above Service Level Commitment, Customer will receive the Service Credit described below. This SLA states Customer’s sole and exclusive remedy for any failure by swXtch.io to provide the Services in accordance with the Service Level Commitment.
- b) Definitions. The following definitions shall apply to the swXtch.io Performance Commitment.
- (i) “Downtime” means, for a Customer, if the Service is not accessible to or functional for the Customer, unless a direct result of the lack of availability of Azure Cloud services.
- (ii) “Monthly Uptime Percentage” means total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month. If the Terms of Service are for a partial month, then the numerator and denominator of the Monthly Uptime Percentage shall only include those days during which Customer received the Services.
- (iii) “Scheduled Downtime” means a period of time, typically lasting less than 4 hours, during which swXtch.io conducts regular maintenance and upgrades.
- (iv) “Services” means the swXtch.io software made available to the Customer as a service and purchased by the Customer from time to time.
- (v) “Service Credit” means the following:
- (a) swXtch.io shall publish or notify Customers in advance of periods of Downtime: (i) for scheduled maintenance, typically at least seven (7) days advance notice; and (ii) for emergency maintenance, typically at least twenty-four (24) hours advance notice.
- (b) Scheduled Downtime will typically be scheduled during non-business hours in the region in which the Component resides. When Scheduled Downtime occurs in accordance with this Section, such Scheduled Downtime is not considered Downtime for purposes of the Performance Commitment.
- (c) During Scheduled Downtime, which requires upgrades or maintenance, Services may experience brief periods of downtime or minor degradation in performance.
Remedies. If Customer wishes to claim a Service Credit from swXtch.io, the Customer shall submit to swXtch.io a written claim, within two months of the Downtime, notifying swXtch.io of the applicable Downtime. swXtch.io shall review Customer’s claim and calculate the applicable Service Credit, if any, in accordance with the terms of this SLA. Except as set forth herein, Service Credits may not be exchanged for, or converted to, monetary amounts. In addition, in the event the Monthly Uptime Percentage falls below 98% for two (2) out of any three (3) consecutive months, Customer shall have the right to immediately terminate this SLA upon notice to swXtch.io.
Service Level Commitment Exclusions. The Service Level Commitment does not apply to (a) immaterial outages of 60 seconds or less; (b) unavailability of the Services caused by factors outside of swXtch.io’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, pandemic, civil unrest, acts of terror, strikes or other labor problems (other than those involving swXtch.io employees); (c) unavailability of the Services that result from internet access, equipment and/or software of Customer or other third parties where such equipment and/or software is not within the reasonable control of swXtch.io ; (d) unavailability of the Services caused by use of the Services (or any component thereof) by Customer in a manner not materially conforming to the requirements described in the Documentation or in the SLA .
Amendments. Except where prohibited by applicable law or as otherwise agreed in the order form, swXtch.io may unilaterally amend this SLA, in whole or in part (each, an “Amendment”), by: (i) giving customer prior notice of such Amendment; or (ii) posting notice of such Amendment on the SwXtch.io website. Unless otherwise indicated by swXtch.io any such Amendment will become effective as of the date the notice of such Amendment is provided to Customer or is posted on the website (whichever is the earlier).
The following will be excluded from any time-based calculations related to a class of service being Unavailable: (i) scheduled maintenance windows where you have been notified at least 24 hours in advance, (ii) recurring or zero impact maintenance windows that are made generally available to all customers, (iii) your misuse of a particular class of service, (iv) force majeure events, denial of service attacks, virus or hacking attacks for which there is no commercially reasonable, known solution, or any other events that are not within our direct control or that could not have been avoided with commercially reasonable care, (v) packet loss, network or internet problems beyond Weaveworks’s border router supporting our public internet connectivity, or (vi) bugs in code, hardware, or services for which there is no commercially reasonable, known fix (even if there is a known workaround).
You will not be eligible to receive a Service Credit if: (i) your service account has any payments for the Service Offering delinquent, (ii) you are in violation of Section 3 of the Terms of Service during the time of the SLA Event, or (iii) the SLA Event was due to your failure to meet your security responsibilities as set forth in the Terms of Service.
swXtch.io's monitoring tools, data and records will be the sole source of information used to track and validate Availability. Upon request, swXtch.io will provide to you, within 45 days after a confirmed SLA Event (but no more than once per calendar year), a copy of the Availability report that swXtch.io makes generally available to customers.
The Service Credits specified in this SLA are your sole and exclusive remedies for any SLA Events occurring during your subscription term for the Service Offering or for any other claim in connection with this SLA.