Last Updated: September 8, 2021
In addition to each Party’s other rights and responsibilities specified in the Agreement, Yugabyte’s provision to Customer of access to Yugabyte Cloud, and Customer’s and End Users’ access to and use of the same, shall conform to the following standards:
- Availability of Yugabyte Cloud. Subject to the Availability calculations specified in Section 2, Yugabyte will use commercially reasonable efforts to make Yugabyte Cloud available for remote access twenty-four (24) hours a day, seven (7) days per week, provided that Yugabyte shall not be liable for any such failure by reason of contingencies beyond the reasonable control of the Yugabyte.
- Service Level Agreement.
- Yugabyte shall use commercially reasonable efforts to provide to Customer remote access to Yugabyte Cloud a minimum of 99.95% of the time as measured by Yugabyte during any calendar month, excluding Excused Outages (defined below) (“Available” or “Availability”).
- “Downtime” means the total accumulated minutes during a calendar month for a given Yugabyte Cloud cluster, during which the entire cluster is un-Available. A minute is considered un-Available for a given cluster if all continuous attempts to connect to the cluster access endpoint within the minute fail. Partial minutes of un-Availability will not be counted as Downtime. Downtime as a result of any causes beyond the control of Yugabyte or that are not reasonably foreseeable by Yugabyte, including, without limitation by any of the events noted below are excluded from the Availability calculations (collectively, “Excused Outages”):
- Customer environment issues affecting connectivity or interfering with Yugabyte Cloud, including without limitation, Customer’s telecommunications connection or any other Customer software or equipment, Customer’s firewall software, hardware or security settings, Customer’s configuration of anti-virus software or anti-spyware or malware software, or operator error of Customer;
- any third-party software, hardware, or telecommunication failures, including Internet slow-downs or failures, or issues resulting from failures of cloud platform services on which Yugabyte Cloud runs;
- Your or any third party’s improper use, scaling or configuration of Yugabyte Cloud, or failure to follow appropriate security practices;
- Force majeure Events, or any other similar cause beyond the reasonable control of Yugabyte;
- issues related to third party domain name system (DNS) errors or failures; and
- any suspension of access to or use of Yugabyte Cloud or services by Yugabyte pursuant to the Agreement.
- Service Level Credits. Service Level Credits are granted to Customers at our reasonable discretion. For tracking purposes, Downtime shall begin to accrue at the earlier of: (i) the time the problem is reported to and verified by Yugabyte, or (ii) the time that Yugabyte, in performance of its duties hereunder, observes and verifies that access to Yugabyte Cloud is un-Available. In either case, in order to qualify for Service Level Credits, (1) the deployment must have been running for at least 24 hours, and (2) Customer must log a support ticket with Yugabyte Support pursuant to our Yugabyte Cloud Support Services Policy at https://www.yugabyte.com/yugabyte-cloud-support-services-terms-and-conditions/ within 24 hours of first becoming aware of any downtime. In the event of Yugabyte’s failure to meet the Availability goals, Yugabyte shall provide a credit to Customer against the then-current Fee, prorated for the calendar month of such failure, as provided in the following table:
|Monthly Uptime Percentage||Service Level Credit – Availability Zone level fault tolerant clusters (minimum 3 nodes deployed across 3 or more availability zones)||Service Level Credit – Node level fault tolerant clusters (minimum 3 nodes deployed in a single availability zone)|
|99.5% to 99.95%||5%||None|
|99% to 99.5%||10%||5%|