Effective Date: June 10, 2019
This Service Level Agreement (SLA) applies to and is incorporated by reference into the ordering document (the Invoice) made by and between Cloudsmith and the Customer ("you"), where the Customer is on a plan that explicitly states that an SLA is provided (e.g. "Ultra" plans and beyond).
Cloudsmith may modify these SLA terms and conditions from time to time by posting such amended SLA terms and conditions (this document / page) to Cloudsmith’s site, but will provide thirty (30) days advance notice to the Customer before materially reducing the benefits offered to the Customer under this Service Level Agreement.
Downtime means the time in which any Included Services listed below are not capable of fulfilling their primary purpose, of being accessed or used by the Customer, as monitored by Cloudsmith.
The Monthly Uptime Percentage means the total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month.
The following are not counted as Downtime for the purpose of calculating Monthly Uptime Percentage:
Service unavailability caused by scheduled maintenance of the platform used to provide the applicable service (Cloudsmith will endeavour to provide seven days’ advance notice of service-affecting scheduled maintenance unless planned downtime is expected to be less than 20 minutes in length); or
Service unavailability caused by events outside of the direct control of Cloudsmith or its subcontractor(s), including any force majeure event, the failure or unavailability of the Customer’s systems, the Internet, the Cloud platforms that Cloudsmith (e.g. Amazon Web Services) is built and executed upon, and the failure of any other technology or equipment used to connect to or access the service.
The following Inclusive Services are designated as being applicable to this SLA:
- Cloudsmith Content Distribution Network (CDN); dl.cloudsmith.io specifically, for downloading of Customer assets.
- Cloudsmith Application Programming Interface (API); specifically, for uploading of Customer assets.
The following Excluded Services are explicitly excluded from this SLA:
- Cloudsmith Corporate; for Cloudsmith corporate/marketing info.
- Cloudsmith Frontend; for managing Customer assets via the user-interface.
- Cloudsmith Help (via Readme); for Cloudsmith Customer documentation.
- Cloudsmith Status; for Reporting status of the Cloudsmith service.
- Cloudsmith Live Chat (via Intercom); for Cloudsmith Customer support.
- Cloudsmith Processing; for asynchronous processing of Customer assets.
Anything else not explicitly listed in Included Services is implicitly excluded from this SLA.
During the term of the applicable Invoice, Cloudsmith will employ all reasonable efforts to achieve an SLA guarantee of at least 99.5% for Monthly Uptime Percentage, for any calendar month. If Cloudsmith does not meet this guarantee, and so long as the Customer’s account is current and not overdue, the Customer will be eligible to receive Service Credits, as described below. These credits are the Customer’s exclusive remedy for any failure by Cloudsmith to meet the conditions of this guarantee. Cloudsmith reserves the right to not provide compensation by any other means.
Furthermore, following disaster recovery and unplanned Downtime, Cloudsmith agrees to prioritise time-to-recovery for the Customer covered by this SLA. Cloudsmith will endeavour to return the Customer to full functionality after disaster scenarios as a matter of urgency, but this is via prioritisation and is not a guarantee of timeliness. Time-to-recover is measured by the time it takes from unplanned Downtime until restoration of Included Services for impacted Customers.
Cloudsmith will take all reasonable measures to ensure that the Monthly Uptime Percentage, outages and scheduled maintenance are reported via the Cloudsmith Status Site. However, these are not guaranteed to be 100% accurate or complete, so the Customer is encouraged to perform their own measurements for reporting purposes.
Service Credits are issued as a financial reimbursement if Cloudsmith does not meet the SLA guarantee for a particular month of the ordered term. Upon approval of a claim we will provide the applicable remedy set forth below:
Monthly Uptime Percentage
Less than 99.5% but >= 99.2%
5% of the monthly fee
Less than 99.2% but >= 99.0%
10% of the monthly fee
Less than 99.0% but >= 98.7%
15% of the monthly fee
Less than 98.7%
20% of the monthly fee
The monthly fee is calculated as the amount after discounts. If the Customer pays annually, Service Credits will be pro-rated to a monthly amount for the calendar month in which the claim is addressing.
To receive Service Credits for a particular calendar month, the Customer must submit a claim to the support team (see Escalation below) within 30 days of the end of the month during which the Service did not meet the SLA guarantee, and include the following information:
Customer Name and Account Identifier (the "slug" in the URI);
The Name, Email Address, and Telephone Number of the Customer’s designated contact; and
Information supporting each claim of Downtime, including the Date, Time, and a Description of the incident and affected service/functionality, all of which must fall within the calendar month for which you are submitting a claim.
Claims that are reasonable, accurate and succinct have the greatest chance of being accepted. If the claim isn't accepted, we will endeavour to provide the specific reasons as to why not, to allow the Customer the chance to correct any issues for re-submission (if applicable).
For urgent escalation, we offer the ability to page our on-call team. See our Escalation Channel Policy for more information on this. You can also use the Contact Us methods, by following the same procedures but designate the message as URGENT.
In the extremely unlikely scenario that Cloudsmith continuously fails to meet the agreed SLA, the Customer will be allowed to terminate their contract early and immediately without penalty. As per the standard Terms and Conditions, partial refunds are not issued for cancellations, however Cloudsmith will endeavour to ensure that Customer data is provided on request.
Updated 7 months ago