Effective Date: 01 May 2014
This Hubble Service Level Agreement (“SLA”) is incorporated into and made a part of the terms of the Hubble Terms of Service (the “Agreement”) between insightsoftware.com (“insightsoftware.com”, “us” or “we”) and the company that uses Hubble (“you”). Unless otherwise provided herein, this SLA is subject to the terms of the Agreement and capitalized terms will have the meaning specified in the Agreement. We reserve the right to change the terms of this SLA in accordance with the Agreement.
The current and any prior Agreements may be accessed at gohubble.com/legal.
insightsoftware.com will use commercially reasonable efforts to make Hubble available with an Uptime Percentage (defined below) of at least 99 % (the “Service Commitment”).
Service Credits are calculated as a percentage of the total charges paid by you for Hubble in the period in which the Service Unavailability occurred in accordance with the schedule below.
Service Credit Percentage
Less than 99%
We will apply any Service Credits only against future Hubble payments otherwise due from you. If your subscription for Hubble expires or is terminated prior to the issuance of a Service Credit, the Service Credit will become void as of the date of expiration or termination. Service Credits will not entitle you to any refund or other payment from insightsoftware.com. A Service Credit will be applicable and issued only if the credit amount for the applicable 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, non-performance, or other failure by us to provide Hubble 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 with us. To be eligible, the credit request must be received by us within 10 business days after which the incident occurred and must include:
If the 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 on your next annual Billing Period 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 aggregate amount of Service Credits that may be issued or issuable by insightsoftware.com in a single month shall not exceed 10% of the amount due or paid by you for Hubble for the applicable Subscription Period.
The Service Commitment does not apply to any unavailability, suspension or termination of the Hubble service, including failure to pay invoices when due, or any other Hubble performance issues: (i) arising from our suspension and termination of your right to use Hubble in accordance with the Agreement; (ii) that are caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of Hubble; (iii) that result from any actions or inactions of you or any third party, including failure to meet your security responsibilities and obligations and failure to provide access to us to enable installation of required updates to the Hubble Accelerator; (iv) that result from your equipment, software or other technology and/or third party equipment, including the Hubble Accelerator, third party software or other technology; (v) during your use of Hubble in a trial or evaluation; (vi) that result from any downtime for maintenance (1) about which we inform you at least 24 hours beforehand, or (2) that is conducted during our standard maintenance windows which may be accessed at gohubble.com/legal; (vii) that occur during your first thirty (30) days of use; (viii) that result from Hubble being incorrectly configured by you or you providing incorrect configuration information to us; or (ix) arising from the failure of Hubble to perform in accordance with its documentation that does not affect Service Unavailability (collectively, the “Exclusions”). If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.
“Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes of any Service Unavailability during the Subscription Period.
“Service Credit” is a dollar credit, calculated as set forth in this SLA that we may credit back to an eligible account.
“Service Unavailability” is the time during which all Users are not able to access Hubble and where an Exclusion does not apply.