Tutor Platform Service Level Agreement
Effective Starting: August 1, 2019.
1. Service Level Commitment. During the Subscription Term for which Tutor Platform has agreed to provide a relevant Cloud Product to you, we will use commercially reasonable efforts to provide a Monthly Uptime Percentage to you of at least 99.0% (“Service Level Commitment”).
2. Service Credits.
(a) If we confirm there is a failure to meet a Service Level Commitment in a particular calendar month and you make a request for service credit within fifteen (15) days after the end of such calendar month, you will be entitled to a credit based on (a) the monthly fees invoiced for the affected Cloud Product you have provisioned in the month experiencing such failure, if you have a monthly subscription plan or (b) 1/12 of annual fees invoiced for the affected Cloud Product you have provisioned, if you have an annual plan (“Service Credit”). To receive a Service Credit, you must submit a ticket at Support Portal with all fields fully and accurately completed, and provide any other reasonably requested information or documentation. Our monitoring and logging infrastructure is the source of truth for determining Monthly Uptime Percentage, errors and whether we have met the Service Level Commitment. All calendar months will be measured in the UTC time zone.
(b) We will apply each Service Credit against a future payment otherwise due from you for the affected Cloud Product, provided that your account is fully paid up, without any outstanding payment issues or disputes. No refunds or cash value will be given for unused Service Credits. Service Credits may not be transferred or applied to any other Tutor Platform account or product instance. The aggregate maximum Service Credits applied to an invoice will not exceed 100% of the amount invoiced for the affected Cloud Product in that invoice billing period (as opposed to the actual month in which the affected Cloud Product was unavailable). We reserve the right to deny a Service Credit if you do not qualify for one.
(c) If you ordered a Cloud Product through a Reseller, (x) you or the Reseller remain responsible for submitting a ticket as set forth in Section 2(a) above; and (y) any Service Credits will be based on the fees invoiced to the Reseller for your use of the affected Cloud Product under its applicable order(s) with us, we will issue any associated Service Credits to the Reseller (not directly to you), and the Reseller will be solely responsible for issuing the appropriate amounts to you. Section 2(b) applies to the Reseller and its applicable orders and invoices with us.
3. Exclusions. You will not be entitled to a Service Credit if you are in breach of the Terms. The Service Level Commitment will not include unavailability to the extent due to: (a) your use of the Cloud Products in a manner not authorized in the Terms or not in accordance with the applicable Documentation; (b) force majeure events or other factors outside of our reasonable control, including, without limitation, Internet access or related problems; (c) your equipment, software, network connections or other infrastructure; (d) Your Data or Your Materials; (e) third-party equipment, apps, add-ons, software or technology (other than our agents and subcontractors); or (f) routine scheduled maintenance or reasonable emergency maintenance as set forth in the Maintenance Policy. No Service Level Commitment or Service Credits are provided for (x) free, proof-of-concept, beta or trial services, or (y) features excluded from the Service Level Commitment (in the applicable Documentation).
4. Exclusive Remedies. Service Credits are your sole and exclusive remedy, and our sole and exclusive liability, for our failure to meet the Service Level Commitment.
5. Definitions. All capitalized terms not otherwise defined are as set forth in the Tutor Platform Cloud Terms of Service (“Terms”).
- “Covered Experiences” means the listed experiences for the relevant Cloud Product set forth.
- “Monthly Uptime Percentage” means 100% minus the percentage of Downtime minutes out of the total minutes in the relevant calendar month.
- “Downtime” occurs when any Covered Experience has an Error Rate greater than 5%.
- “Error Rate” means, over a given 1-minute period, the percentage of your requests to a Covered Experience resulting in an error out of your total requests to that Covered Experience. For cases in which we confirm a Covered Experience was completely inoperable or unable to receive your requests, the Error Rate for that minute is 100%. If you attempted no requests to a Covered Experience over a minute, the Error Rate is 0%.
Downtime and Monthly Uptime Percentage values are calculated independently for each relevant Cloud Product.
Regular Support Hours: 9:00-19:00 CET for weekdays
Emergency Support Hours: 7:00-22:00 CET entire week