During the term of the Genesis Cloud Terms of Service (the Agreement), the Covered Service will provide a Monthly Uptime Percentage to Customer of at least 98.0% (the Service Level Objective or SLO) If Genesis Cloud does not meet the SLO, and if Customer meets its obligations under this SLA, Customer will be eligible to receive the Financial Credits described below. This SLA states Customer's sole and exclusive remedy for any failure by Genesis Cloud to meet the SLO. Capitalized terms used in this SLA, but not defined in this SLA, have the meaning set forth in the Agreement.
The following definitions apply to the SLA.
means all paid Services offered by Genesis Cloud, such as dedicated server hosting, managed Kubernetes as well as rendering, machine learning and trascoding Services
means with respect to the Covered Service: all requests fail.
means with respect to the Covered Service: five consecutive minutes of Downtime. Intermittent Downtime for a period of less than five minutes will not be counted towards any Downtime Periods. Downtime as part of Scheduled Maintenance will not be counted towards any Downtime Period.
|Monthly Uptime Percentage||Percentage of monthly bill which does not meet SLO that will be credited to future monthly bills of Customer|
means the following for the Covered Service (except as otherwise set forth below):
means total number of minutes in a month, minus the number of minutes of Downtime suffered from all Downtime Periods in a month, divided by the total number of minutes in a month.
is Downtime related to network, hardware, or software maintenance or upgrades. Scheduled Maintenance will be performed at Genesis Cloud’s discretion.
In order to receive any of the Financial Credits described above, Customer must notify Genesis Cloud technical support within thirty days from the time Customer becomes eligible to receive a Financial Credit. Failure to comply with this requirement will forfeit Customer’s right to receive a Financial Credit.
The aggregate maximum number of Financial Credits to be issued by Genesis Cloud to Customer for any and all Downtime Periods that occur in a single billing month will not exceed 20% of the amount due by Customer for the applicable Covered Service for the applicable month. Financial Credits will be made in the form of a monetary credit applied to future use of the Covered Service and will be applied within 60 days after the Financial Credit was requested.
The SLA does not apply to any: (a) features or Services designated Alpha,Beta, Pre-release or similar (unless otherwise set forth in the associated Documentation), (b) features or Services excluded from the SLA (in the associated Documentation), (c) features or Services that have been deprecated, or (d) errors: (i) caused by factors outside of Genesis Cloud’s reasonable control; (ii) that resulted from Customer’s software or hardware or third party software or hardware, or both; (iii) that resulted from abuses or other behaviors that violate the Agreement; or (iv) that resulted from quotas listed in the Documentation