If the Customer is on a service plan in the month of the outage, the Service Credit percentage will apply to the Cloud service plan's monthly fee for the geographic region in which the downtime occurred, and will not include any overages. If the Customer is on a Cloud pay as you go plan and actively using the system during the downtime, the Service Credit percentage will apply to the previous month's invoiced amount for usage in the geographic region in which the downtime occurred. At no time will the Service Credit percentage exceed the Cloud product monthly fee.
LiteCloud will issue the Customer a credit which will be applied to the invoice in the month following the applicable event. Service Credits must be requested in writing to cloudcredit@litecloudhosting.com, within 30 days of the qualifying event. Service credits are accumulated monthly with all SLA metrics being reset at the beginning of each calendar month.
LiteCloud monitoring/ticketing systems shall be the information source of record for the accumulation of Monthly Cumulative.
Definitions- Scheduled Maintenance Window: Unless categorized as an emergency maintenance window, LiteCloud follows a weekly maintenance schedule to be announced by LiteCloud Operations.
- Scheduled Downtime: Scheduled time to perform routine, non-emergency or emergency maintenance on Hardware, Software or related equipment.
- Downtime: Time that the system is not available which is not Scheduled Downtime or Scheduled Maintenance Window.
- Latency: Amount of time it takes for a packet of data to travel from one point to another.
SLA Exemptions
The following items or situations are exempt from LiteCloud's availability:
- Unavailability of Customer's Cloud System during scheduled maintenance window, emergency maintenance or any other agreed-to scheduled downtime activity.
- In the event of downtime which qualifies for Monthly Cumulative Downtime credits, a customer will not be eligible for any service credits associated with Latency Degradation during such downtime.
- Downtime that resulted from modifications or changes of the operating system, database, application code or other customer code, not provided by LiteCloud.
- Attacks (i.e. hacks, denial of service attacks, viruses) by third parties, and other acts not caused by LiteCloud, provided that LiteCloud makes every reasonable effort to maintain current versions of software patches.
- Events of force majeure, including acts of war, god, earthquake, flood, embargo, riot, sabotage, labor dispute (outside of LiteCloud's own employees), government act, or failure of the Internet.
- If LiteCloud is providing Application Operations to Customer:
- Modifications to hardware, system applications or application code configuration, or code not authorized by LiteCloud. Changes or modifications to code that contributed to downtime.
- Unavailability of Customer's System due to Customer programming, modifications to OS, content, development, staging and/or testing period(s) or acts or omissions of Customer which are not performed in accordance with LiteCloud's standard change control processes.
- Unavailability of Customer System caused by failures of third party systems or services that are not under LiteCloud's control.
Customer must be current on all outstanding invoices (as defined in the Terms of Service) to be eligible for the credits referenced in this SLA. No credits will be extended if Customer is delinquent in its payment of outstanding invoices