Lobster – Service Level Agreement
This Service Level Agreement (“SLA”) shall apply to the extent that the Parties have expressly agreed in the Offer to incorporate this SLA to the Agreement concluded between the Parties.
This SLA shall apply during the term of the Agreement.
Capitalized terms used but not defined herein shall have the meaning ascribed to them in the Terms of Service as applicable from time to time in accordance with the Agreement.
1. Definitions
“Actual Service Level” means the actual monthly uptime of the Service calculated in accordance with Section 3.3.
“Availability Time” means the availability time set out in Section 3.1.
“Downtime” means the time during which the Service has not been available to Customer within the scope of the agreed Availability Time, subject to Section 3.4.
“Service Credit” means the deductions to be made from Service Fees in case of Supplier’s failure to meet the Service Level Objective in accordance with this SLA.
“Service Level Objective” means the service level objective set out in Section 3.2.
2. General
2.1 The purpose of this SLA is to define Service Level Objective of the Service and the remedies available for Customer for Supplier’s failure to meet the Service Level Objective.
2.2 This SLA states Customer’s sole and exclusive remedy for any failure by Supplier to meet the Service Level Objective.
2.3 Service Credits will be deducted from the Service Fee payable by Customer for the next Subscription Period. Service Credits will not be paid in money.
3. Availability and service levels
3.1 Supplier will strive to provide the Service to Customer with an availability time of 24/7.
3.2 The agreed Service Level Objective for the monthly uptime of the Service is defined in the customer contract.
3.3 The Actual Service Level shall be calculated on a calendar monthly basis as follows: (the Service Level Objective of one calendar month in minutes – the Downtime within the calendar month in minutes) / (the calendar month in minutes) * 100.
3.4 The following excluded downtime shall not be taken into account when defining the Downtime:
- Downtime which lasts less than 0.5 minutes
- Scheduled maintenance of the Service in accordance with the Agreement
- Downtime, errors or other disruptions in the Service caused by Customer, its users or Customer’s services, systems or hardware
- Force Majeure situations in accordance with the Agreement
- Downtime due to Customer’s non-compliance with the Agreement or Documentation.
3.5 In case the Actual Service Level is less than the Service Level Objective within one calendar month, Customer is entitled to Service Credits deductible from Service Fees.
3.6 The Service Credit shall be defined in accordance with the formula below. The amount of the Service Credit is described in the formula as percentages from the monthly Service Fee. If Customer is on an annual Subscription Period and has paid an annual Service Fee, the monthly Service Fee hereunder shall be calculated from the annual Service Fee paid by Customer by dividing the annual Service Fee by 12.
(Actual Service Level – Service Level Objective) * 25 = Service Credit %
For example if the Service Level Objective is 99,9% and Actual Service Level is 99% the Service Credit for that month would be 22,5% for the monthly Service Fee.
3.7 The aggregate maximum of Service Credits to be issued by Supplier to Customer for a single calendar month shall not exceed 75% of the monthly Service Fee.
3.8 Supplier will provide Customer a monthly SLA report in the Service stating the Actual Service Levels and Service Credits (if any). Service Credits for the previous Subscription period will be automatically deducted from the next Service Fee payable by Customer.
Service Level Agreement Effective Date: December 9, 2019
This document is in connection to Lobster’s Terms of Service.