NuOz is committed to providing reliable, high-quality NuOz Cloud Services.
This NuOz Service Level Agreement (“SLA”) is a policy governing the use of NuOz Cloud Service (“NCS” or “NuOz Cloud Services”) under the terms of the NuOz Cloud Services Agreement (the “NCS Agreement”) between Northwest Nexus, Inc dba NuOz and its affiliates (“NuOz”) and users of NCS (“you”). This SLA applies separately to each account using NuOz Cloud Services. Unless otherwise provided herein, the SLA is subject to terms of the NCS Agreement and capitalized terms will have the meaning specified in the NCS Agreement. NuOz reserves the right to change the term of this SLA in accordance with the NCS Agreement.
NuOz is committed to providing a reliable, high-quality network to support NuOz Cloud Services. NuOz uses commercially reasonable efforts to make NCS available with a Monthly Uptime Percentage (defined below) of at least 99.95%, in each case during the monthly billing cycle (the “Service Level Commitment”). In the event NuOz Cloud Services do not meet the Service Level Commitment, you will be eligible to receive a Service Credit as described below.
“Monthly Uptime Percentage” is calculated by subtracting from 100% which is the percentage of minutes during the month in which NuOz Cloud Services, as applicable, which was in the state of unavailability. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly with NuOz Cloud Service SLA exclusion as defined below.
“Unavailability” means access to NuOz Cloud Service is unavailable to you due to an issue with NCS.
A “Service Credit” means a dollar credit calculated as set forth below, that we may credit back to an eligible account.
Service Level Availability Credits for affected NCS are determined in accordance with the following guidelines:
Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments such as setup fees and first and last deposits) for NuOz Cloud Service affected for the monthly billing cycle in which the Unavailability occurred as in accordance with the schedule below.
Monthly Uptime Percentage Service Level Credit Percentage
Less than 99.95% but equal to or greater than 99.0 is 10% of the monthly billed amount is the applicable service level credit
Less than 99.0% is 30% of the monthly billed amount is the applicable service level credit
NuOz will apply any Service Level Credits only against future NuOz Cloud Services payments otherwise due from you. NuOz may, at its discretion, issue the Service Level Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred. Service Level Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Level Credits may not be transferred or applied to any other account. Unless otherwise provided in the NCS Agreement, your sole and exclusive remedy for any Unavailability, non-performance, or other failure by us to provide NuOz Cloud Services is the receipt of a
Service Level Credit (if eligible) in accordance with the terms of this SLA.
Service Level Credit claims must be submitted to NuOz by the end of the second billing cycle after which the incident occurred.
Your Administrative Contact must file the claim and the claim must include the following information:
Organization name and NuOz site name
Administrative Contact’s name and contact information
Date and beginning/end time of outage
Brief description of the characteristics of the outage
All pertain logs and reports that document the errors and corroboration of the claimed outage
You must submit the required information by electric mail to: email@example.com. NuOz will acknowledge all claims within 2 weeks of receipt. you will be informed by electronic mail whether the appropriate service credit claim will be granted or rejected; if rejected the notification will specify the basis for rejection.
Approved Service Level Guarantee credits will be applied to the Subscriber’s billing during the cycle following the claim approval.
NuOz reserves the right to change, amend, or revise this policy at any time.
The NCS Service Level Commitment does not apply to any unavailability, suspension or termination of NuOz Cloud Services or other NCS performance issues (i) that result from a suspension described in the NCS Agreement; (ii) caused by factors outside of NuOz reasonable control, including force majeure event or internet access or related problems beyond NuOz demarcation point of NuOz Cloud Services; (iii) that result from any actions or inactions of you or any third party, including failure to acknowledge a recovery volume; (iv) that result from your equipment, software or other technology (other than third party equipment within our direct control); (v) that result from failures of individual instances or volumes not attributable to Unavailability; (vi) that result from any maintenance as provided for pursuant the NCS Agreement; or (vii) arising from our suspension and termination of your right of use NuOz Cloud Services in accordance with the NCS Agreement. If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Level Credit considering such factors at NuOz discretion.
In the event that either party’s performance is delayed, prevented, obstructed, or inhibited because of any act of God, fire, casualty, delay or disruption in transportation, flood, war, strike, lockout, epidemic, destruction or shut-down of facilities, shortage or curtailment, riot, insurrection, governmental acts or directives, any full or partial failure of any communications or computer network or any cause beyond such party’s reasonable control, the party’s performance will be excused and the time for the performance will be extended for the period of delay or inability to perform resulting from such occurrence. The occurrence of such an event will not constitute grounds for a declaration of Default by either party hereunder.