Last Updated: November 13, 2019 

This Service Level Agreement (“SLA”) details the uptime guarantees in relation to the Services we provide to our Customers and your remedies for our failure to meet such guarantees. The remedies contained in this SLA are your sole and exclusive remedies for any issues addressed herein.

SERVICE AVAILABILITY

Chaos will use reasonable efforts to make the Services available 99.9% of the time, excluding any Excused Downtime.

In a given calendar month, we calculate “Service Availability” as follows:

	(Total minutes Services are available)
Service Availability =		x 100
	(Total minutes in the month) – (Excused Downtime)

EXCUSED DOWNTIME

“Excused Downtime” means the length of time the Services are unavailable due to:

• Scheduled Maintenance;
• Emergency Maintenance;
• Force Majeure events;
• Any products or features identified as pilot, alpha, beta or similar;
• External network or equipment problems outside of our reasonable control, such as bad routing tables between your internet service provider (ISP) and our server;
• The actions or omissions of you, your Authorized Users, or any third-party acting on your behalf or at your direction, including any unauthorized use of the Services, or breach of the Agreement or Acceptable Use Policy; and
• Service suspension by Chaos in accordance with the General Terms and Conditions of Use based on Customer’s late payment or similar.

“Scheduled Maintenance” includes any maintenance performed during times for which we provide reasonable notice or coordination with you in advance of the maintenance.

“Emergency Maintenance” means any maintenance performed outside the Scheduled Maintenance timeframes without advance notice where such maintenance is reasonably and urgently required to protect the integrity, availability, or security of any online systems.

SLA CREDITS

You are entitled to a credit of 5% of the applicable monthly Fees for each full hour of downtime in excess of the Service Availability targets. (For example, you will receive a 5% credit for between 1 and 60 minutes of downtime in excess of the Service Availability targets, a 10% credit for between 61 and 120 minutes, etc.).

Service Credits are not refunds, cannot be exchanged into a cash amount, are capped at a maximum of 30 days of paid service, require you to have paid any outstanding invoices and expire upon termination of your customer contract. Service Credits are the sole and exclusive remedy for any failure by Chaos to meet its obligations under this SLA.

Service Credits are calculated as a percentage of the Fees paid during the affected period.

CLAIM PROCEDURE

To receive a service credit for a particular calendar month, Customer must submit a claim by email to the support team within 30 days of the end of the month during which the Service did not meet the Service Provider SLA, and include the following information:

• Customer name and account number;
• The name of the service to which the claim relates;
• The name, email address, and telephone number of the Customer’s designated contact; and
• Information supporting each claim of Downtime, including date, time, and a description of the incident and affected service, all of which must fall within the calendar month for which you are submitting a claim.

CHANGES TO SLA

We may update this SLA from time to time in our sole discretion; the current version may be found by visiting this page – https://101chaos.com/sla.