Service Level Agreement

 

 

This Agility Service Level Agreement (“SLA”) is a policy governing the use of the Agility Content Management System (“Agility CMS”) and Agility Website Hosting (“Agility Hosting”) under the terms of the Agility Customer Agree (“Agility Agreement”) between Agility Inc. and users of Agility’ services (“you”). Unless otherwise provided herein, this SLA is subject to the terms of the Agility Agreement and capitalized terms will have the meaning specified in the Agility Agreement. We reserve the right to change the terms of this SLA in accordance with the Agility Agreement.

 

Definitions

“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which Agility CMs or Agility Hosting, as applicable, was “Unavailable”. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Agility SLA Exclusion (defined below).

“Unavailable” or “Unavailability” is when the Agility CMS and/or Agility Hosting have no external connectivity or do not load within a responsible amount of time (more than 30 seconds within multiple 5 minute windows).

A “Service Credit” is a dollar credit, calculated as set forth below, that we may credit back to an eligible account.

 

Service Commitment

Agility will use commercially reasonable efforts to make Agility CMS and Agility Hosting each available with a Monthly Uptime Percentage of at least 99.95%, in each case during any monthly billing cycle (the “Service Commitment”). In the event Agility CMS and Agility Hosting does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

 

Service Commitments and Service Credits

Service Credits are calculated as a percentage of the total monthly Subscription charges paid by you for a specific account for either Agility CMS or Agility Hosting (whichever was Unavailable, or both if both were Unavailable).

 

Monthly Uptime Percentage Service Credit Percentage
Less than 99.95% but equal to or greater than 99.0% 10% 
Less than 99.0% 25% 

 

We will apply any Service Credits only against future Agility CMS or Agility Hosting payments otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment from Agility. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar. Service Credits may not be transferred or applied to any other account.

 

Credit Request and Payment Procedures

To receive a Service Credit, you must submit a claim directly to Agility. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:

  1. the words “SLA Credit Request” in the subject line;
  2. the dates and times of each Unavailability incident that you are claiming;
  3. the affected Agility CMS account or Agility Hosting ALT number

If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us.

 

Agility SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of Agility CMS or Agility Hosting performance issues: (i) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of Agility CMS or Agility Hosting; (ii) that result from any actions or inactions of you or any third party, including code deployments or publishing of content out of our control; (iii) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); (iv) that result from any maintenance as provided for pursuant to the Agility Agreement; or (v) arising from our suspension and termination of your right to use Agility CMS or Agility Hosting in accordance with the Agility Agreement.

 

Monitoring

Agility believes in keeping track of our services and ensuring both their uptime and performance needs to be monitored. Agility currently connects to every Hosting environment every 30 minutes to ensure connectivity is always there for publishing content. The Agility CMS Services are checked every minute as well as our dedicated hosting environments. Reports of this monitoring is separately defined for customers that require this.

 

Data Backup and Redundancy

Business continuity is about designing, deploying and running your application in a way that it is resilient to planned or unplanned disruptive events that result in permanent or temporary loss of the application’s ability to conduct its business function. The unplanned events range from human errors to permanent or temporary outages to regional disasters that could cause wide scale loss of facility in a particular Azure region. The goal of business continuity is for your application to continue to function during these events with minimal impact on the business function. Agility takes Business continuity serious and have built in many measures to ensure our applications run with as little disruption as possible as well as have the proper backups and processes in place to ensure a quick recovery.

All Agility production environments are deployed in a redundant setup with at least two servers per service or Agility Hosting environment. These environments are backed up and can be rebuild at any time. We use the same logic and methodology to scale up additional servers when needed. Our databases are backed up daily to geo-located data centers to ensure protection across regions. Databases can be restored to the same or different regions in the case of loss of connectivity to a database or an entire data center, therefore being resilient to the database outages in the primary region.