My Endpoint Protector – Service Level Agreement ("SLA")
My Endpoint Protector SLA. During the term of the applicable My Endpoint Protector Agreement, the My Endpoint Protector covered services web interface will be operational and available to customer at least 99.9% of the time in any calendar month (the "My Endpoint Protector SLA"). If CoSoSys does not meet the My Endpoint Protector SLA, and if Customer meets its obligations under this My Endpoint Protector SLA, Customer will be eligible to receive the Service Credits described below. This My Endpoint Protector SLA states Customer's sole and exclusive remedy for any failure by CoSoSys to provide the Service.
Definitions. The following definitions shall apply to the My Endpoint Protector SLA:
- "Downtime" means, for a domain, if there is more than a five percent user error rate. Downtime is measured based on server side error rate.
- "Downtime Period" means, for a domain, a period of ten consecutive minutes of Downtime. Intermittent Downtime for a period of less than ten minutes will not be counted towards any Downtime Periods.
- "My Endpoint Protector Covered Services" means the My Endpoint Protector Reporting and Administration Tool components of the Service and the Mobile Device Management component of the Service. It does not include the Google Cloud Messaging ("GCM") and Apple Push Notification Services ("APNS") used in the My Endpoint Protector Mobile Device Management Component.
- "Monthly Uptime Percentage" means total number of minutes in a calendar month minus the number of minutes of Downtime suffered from all Downtime Periods in a calendar month, divided by the total number of minutes in a calendar month.
- “Scheduled Downtime" means those times where CoSoSys notifies Customer of periods of Downtime at least five days prior to the commencement of such Downtime. There will be no more than twelve hours of Scheduled Downtime per calendar year. Scheduled Downtime is not considered Downtime for purposes of this My Endpoint Protector SLA, and will not be counted towards any Downtime Periods.
- "Service" means the service provided by CoSoSys to Customer under the applicable My Endpoint Protector Agreement.
- "Service Credit" means the following:
Monthly Uptime Percentage / Days of Service added to the end of the Service term (or monetary credit equal to the value of days of service for monthly prepay or postpay billing customers), at no charge to Customer:
< 99.9% - ≥ 99.0% 4 days
< 99.0% - ≥ 95.0% 8 days
< 95.0% 16 days
Customer Must Request Service Credit. In order to receive any of the Service Credits described above, Customer must notify CoSoSys within thirty days from the time Customer becomes eligible to receive a Service Credit. Failure to comply with this requirement will forfeit Customer’s right to receive a Service Credit.
Maximum Service Credit. The aggregate maximum number of Service Credits to be issued by CoSoSys to Customer for any and all Downtime Periods that occur in a single calendar month shall not exceed fifteen days of Service added to the end of Customer’s term for the Service. Service Credits may not be exchanged for, or converted to, monetary amounts.
My Endpoint Protector SLA Exclusions. The My Endpoint Protector SLA does not apply to any services that expressly exclude this My Endpoint Protector SLA (as stated in the documentation for such services) or any performance issues: (i) caused by factors outside of CoSoSys’s reasonable control; or (ii) that resulted from Customer’s equipment or third party equipment, or both (not within the primary control of CoSoSys).
15. April 2016