SaaS Service Levels and Service Credits
|NOTE: defined terms in this document have the same meanings as those given to them in your Software as a Service Agreement with Hornbill (SaaS Agreement), unless other meanings are given to them below|
|In these terms, unless the context otherwise requires, the following words and expressions mean:
“Service Maintenance Hours” a four hour time window and timezone agreed with customer during which time access to the SaaS Service may be impaired or interrupted by the carrying out of Works
“Works” routine and/or planned maintenance activities or high priority activities (that interrupt the SaaS Service) as is required by professional computing practice and that take place during the Service Maintenance Hours and as communicated to customer in accordance with the Maintenance Notice Service Level.
“Service Operational Hours” in any given period the total hours minus the time spent on Works (specifically when the SaaS Service is not Available)
“Maintenance Notice Service Level” the minimum advanced notice period for a maintenance activity to be classified as a Work being 7 elapsed days (168 elapsed hours) for routine and/or planned activities and 4 elapsed hours for high priority activities as solely determined by Hornbill.
“SaaS Service Availability” the calculation of service availability for the purposes of calculating Service Credits
“Service Credits” credits of Subscription Fees paid by Customer as a result of a failure of the SaaS Service to meet the SaaS Service Availability
“Available” the SaaS Service is accessible by the majority of the Customer Users, functioning substantially in accordance with any applicable product manuals. Note that if the SaaS service is not available to any or all Customer Users owing to a fault or condition outside of Hornbill’s control, such as, but not limited to a failure of the Internet, then it shall still be deemed Available.
“Service Available Hours” the amount of time the SaaS Service is Available according to the service level. Calculated as the Service Operational Hours minus the time the SaaS Service is not Available (other than due to Works).
|For the purposes of service reporting and calculation of any applicable Service Credits, SaaS Service Availability for any period is expressed as a percentage and calculated as the Service Available Hours for the period divided by the Service Operational Hours.|
|3. DATA LOSS|
|Hornbill takes reasonable steps to secure the Customer Data against loss due to any single system failure. Should the Customer Data be lost due to such failure it will attempt to restore the data to a point prior to its loss. The maximum amount of time for which data should be lost is specified as one of the Service Parameters. Once the data has been restored by Hornbill using reasonable efforts, any resultant data loss shall not in its own right constitute service unavailability.|
|4. SERVICE CREDITS|
|Service Credits are calculated as a percentage of the Subscription Fee for the Subscription Period where the SaaS Service Availability falls below a certain threshold as shown in Schedule 1.
To be entitled to any Service Credits, the Customer must request such Service Credit in writing from Hornbill within 30 days of the end of the relevant Subscription period. The Service Credit will be applied to the next Subscription Fee invoice to be raised. If the Subscription Duration has been reached (and no further invoice is to be raised) then no Service Credit is applied.
|SCHEDULE 1: AVAILABILITY THRESHOLDS|