Service Level Agreements

Last Updated: September 21, 2019

Table of Contents

Evosys Cloud Computing 2

Evosys Content Addressed Storage (CAS) 3

Evosys STACK 4

Evosys BACKUP 5

Evosys API Gateway 6

Evosys IAM 7

Evosys REVA 8

Evosys TRACE 9

SLA Service Credit Request Procedure 10

SLA Exclusions 11

Definitions 12

Evosys Cloud Computing Service Level Agreement

This Evosys Cloud Computing Service Level Agreement (this “SLA”) is a policy governing the use of the Evosys Cloud Computing Services and applies separately to each account using the Included Services. In the event of a conflict between the terms of this SLA and the terms of the Evosys Customer Agreement or other agreement with us governing your use of our Services (the “Agreement”), the terms and conditions of this SLA apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.

General Service Commitment

Evosys will use commercially reasonable efforts to make the Included Services each available for each Evosys region with a Monthly Uptime Percentage of at least 99.99%, in each case during any monthly billing cycle (the “Service Commitment”). In the event any of the Included Services do not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

Service Credits

Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments such as upfront payments made for Reserved Instances) for the individual Included Service in the affected Evosys region for the monthly billing cycle in which the Unavailability occurred in accordance with the schedule below.

Monthly Uptime Percentage Service Credit Percentage
Less than 99.9% but greater than or equal to 99.0% 10%
Less than 99.0% but greater than or equal to 95.0%  25%
Less than 95.0% 100%

We will apply any Service Credits only against future payments for the applicable Included Service 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 Evosys. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 AUD ). Service Credits may not be transferred or applied to any other account.  

Single Evosys Cloud Computing Instances ( Hereinafter ECCI )

Evosys will use commercially reasonable efforts to ensure that each individual ECCI has an Hourly Uptime Percentage of at least 90% of the time in which that ECCI is deployed during each clock hour (the “Hourly Commitment”). In the event any ECCI does not meet the Hourly Commitment, you will not be charged for that instance hour of ECCI usage.

Evosys Content Addressable Storage (CAS)  Service Level Agreement

This Evosys Content Addressable Storage ( Hereinafter referred to as Evosys CAS) Service Level Agreement (“SLA”) is a policy governing the use of Evosys CAS SSD and Evosys CAS AS  (each an “Evosys CAS Service”) and applies separately to each account using an Evosys CAS Service. In the event of a conflict between the terms of this SLA and the terms of the Evosys Customer Agreement or other agreement with us governing your use of our Services (the “Agreement”), the terms and conditions of this SLA apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.

Service Commitment

Evosys will use commercially reasonable efforts to make the Evosys CAS Services available with a Monthly Uptime Percentage, as described below, during any monthly billing cycle (the “Service Commitment”). In the event an Evosys CAS Service does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

Service Credits

Service Credits are calculated as a percentage of the total charges paid by you for the applicable Evosys CAS Service in the Evosys region affected for the billing cycle in which the Monthly Uptime Percentage fell within the ranges set forth in the table below.

Monthly Uptime Percentage Service Credit Percentage
Less than 99.9% but greater than or equal to 99.0% 10%
Less than 99.0% but greater than or equal to 95.0%  25%
Less than 95.0% 100%

We will apply any Service Credits only against future payments otherwise due from you for the Evosys CAS Service. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the Evosys CAS Service did not meet the Service Commitment. Service Credits will not entitle you to any refund or other payment from Evosys. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1.00 AUD ). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Evosys Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the Evosys CAS Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

Evosys Stack Service Level Agreement

This Evosys Stack Service Level Agreement (“SLA”) is a policy governing the use of the Evosys Stack Service (“Evosys Stack”) and applies separately to each account using Evosys Stack. In the event of a conflict between the terms of this SLA and the terms of the Evosys Customer Agreement or other agreement with us governing your use of our Services (the “Agreement”), the terms and conditions of this SLA apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.

Service Commitment

Evosys will use commercially reasonable efforts to make each Active/Standby Broker available with a Monthly Uptime Percentage of at least 99.9% during any monthly billing cycle (the “Service Commitment”). In the event an Active/Standby Broker does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

Service Credits

Service Credits are calculated as a percentage of the total charges paid by you for each Active/Standby Broker for the monthly billing cycle in which the Monthly Uptime Percentage fell within the ranges set forth in the table below:

Monthly Uptime Percentage Service Credit Percentage
Less than 99.9% but greater than or equal to 99.0% 10%
Less than 99.0% but greater than or equal to 95.0%  25%
Less than 95.0% 100%

We will apply any Service Credits only against future Evosys Stack 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 Evosys. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Agreement, your sole and exclusive remedy for any unavailability or non-performance or other failure by us to provide Evosys Stack is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

Evosys Backup Service Level Agreement

This Evosys Backup Service Level Agreement (“SLA”) is a policy governing the use of Evosys Backup and applies separately to each account using Evosys Backup. In the event of a conflict between the terms of this SLA and the terms of the Evosys Customer Agreement or other agreement with us governing your use of our Services (the “Agreement”), the terms and conditions of this SLA apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.

Service Commitment

Evosys will use commercially reasonable efforts to make Evosys Backup available with a Monthly Uptime Percentage, as described below, during any monthly billing cycle (the “Service Commitment”). In the event Evosys Backup does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.  

Service Credits

Service Credits are calculated as a percentage of the total charges paid by you for Evosys Backup in the Evosys region affected for the billing cycle in which the Monthly Uptime Percentage fell within the ranges set forth in the table below:

Monthly Uptime Percentage Service Credit Percentage
Less than 99.9% but greater than or equal to 99.0% 10%
Less than 99.0% but greater than or equal to 95.0%  25%
Less than 95.0% 100%

We will apply any Service Credits only against future payments otherwise due from you for Evosys Backup. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which Evosys Backup did not meet the Service Commitment. Service Credits will not entitle you to any refund or other payment from Evosys. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Evosys Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide Evosys Backup is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

 

 

Evosys API Gateway Service Level Agreement

This Evosys API Gateway Service Level Agreement (“SLA”) is a policy governing the use of Evosys API Gateway (“API Gateway”) and applies separately to each account using API Gateway. In the event of a conflict between the terms of this SLA and the terms of the Evosys Customer Agreement or other agreement with us governing your use of our Services (the “Agreement”), the terms and conditions of this SLA apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.

Service Commitment

Evosys will use commercially reasonable efforts to make API Gateway available with a Monthly Uptime Percentage of at least 99.95% for each Evosys region, during any monthly billing cycle (the “Service Commitment”). In the event that a API Gateway does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

Service Credits

Service Credits are calculated as a percentage of the total charges paid by you for API Gateway in the affected Evosys region for the monthly billing cycle in which the Monthly Uptime Percentage fell within the ranges set forth in the table below:

Monthly Uptime Percentage Service Credit Percentage
Less than 99.9% but greater than or equal to 99.0% 10%
Less than 99.0% but greater than or equal to 95.0%  25%
Less than 95.0% 100% 

We will apply any Service Credits only against future API Gateway 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 Service Commitment was not met. Service Credits will not entitle you to any refund or other payment from Evosys. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 AUD ). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide API Gateway is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

Evosys IAM Directory Service Level Agreement

Last Updated: March 14, 2019

This Evosys IAM Directory Service Level Agreement (“SLA”) is a policy governing the use of Evosys IAM Directory (“IAM Directory”) and applies separately to each account using IAM Directory. In the event of a conflict between the terms of this SLA and the terms of the Evosys Customer Agreement or other agreement with us governing your use of our Services (the “Agreement”), the terms and conditions of this SLA apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.

Service Commitment

Evosys will use commercially reasonable efforts to make IAM Directory available with a Monthly Uptime Percentage for each Evosys region, during any monthly billing cycle (the “Service Commitment”). In the event IAM Directory does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

Service Credits

Service Credits are calculated as a percentage of the total charges paid by you for IAM Directory for the billing cycle in which the error occurred in accordance with the schedule below.

Monthly Uptime Percentage Service Credit Percentage
Less than 99.9% but greater than or equal to 99.0% 10%
Less than 99.0% but greater than or equal to 95.0%  25%
Less than 95.0% 100% 

We will apply any Service Credits only against future IAM Directory Service 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 Service Commitment was not met. Service Credits will not entitle you to any refund or other payment from Evosys. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 AUD ). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide API Gateway is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

REVA Service Level Agreement

This Evosys REVA Service Level Agreement (“SLA”) is a policy governing the use of Evosys REVA and applies separately to each account using Evosys REVA. In the event of a conflict between the terms of this SLA and the terms of the Evosys Customer Agreement or other agreement with us governing your use of our Services (the“Agreement”), the terms and conditions of this SLA apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.

Service Commitment

Evosys will use commercially reasonable efforts to make Evosys REVA available with the applicable Monthly Uptime Percentage, during any monthly billing cycle (the “Service Commitment”). In the event Evosys REVA does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

Service Credits

Service Credits are calculated as a percentage of the total charges paid by you for Evosys REVA for the billing cycle in which the error occurred for file uploads or downloads in accordance with the schedule below.

Monthly Uptime Percentage Service Credit Percentage
Less than 99.9% but greater than or equal to 99.0% 10%
Less than 99.0% but greater than or equal to 95.0%  25%
Less than 95.0% 100% 

We will apply any Service Credits only against future Evosys REVA 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 error occurred. Service Credits will not entitle you to any refund or other payment from Evosys. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 AUD ). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide Evosys REVA is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

Evosys TRACE Service Level Agreement

This Evosys TRACE Service Level Agreement (“SLA”) is a policy governing the use of Evosys TRACE and applies separately to each account using Evosys TRACE . In the event of a conflict between the terms of this SLA and the terms of the Evosys Customer Agreement or other agreement with us governing your use of our Services (the“Agreement”), the terms and conditions of this SLA apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.

Service Commitment

Evosys will use commercially reasonable efforts to make Evosys TRACE available with the applicable Monthly Uptime Percentage, during any monthly billing cycle (the “Service Commitment”). In the event Evosys TRACE does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

Service Credits

Service Credits are calculated as a percentage of the total charges paid by you for Evosys TRACE for the billing cycle in which the error occurred for file uploads or downloads in accordance with the schedule below.

Monthly Uptime Percentage Service Credit Percentage
Less than 99.9% but greater than or equal to 99.0% 10%
Less than 99.0% but greater than or equal to 95.0%  25%
Less than 95.0% 100% 

We will apply any Service Credits only against future Evosys TRACE 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 error occurred. Service Credits will not entitle you to any refund or other payment from Evosys. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 AUD ). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide Evosys TRACE is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

SLA Credit Request and Payment Procedures

To receive a Service Credit, you must submit a claim by opening a case in the Evosys Support Center. 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, times, and affected Evosys region of each Unavailability incident that you are claiming;

3. the resource IDs for the affected Included Service ; and

4. your request logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).

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. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit. Unless otherwise provided in the Agreement, this SLA sets forth your sole and exclusive remedies, and Evosys’ sole and exclusive obligations, for any unavailability, non-performance, or other failure by us to provide the Included Services.

GENERAL SLA EXCEPTIONS

The Service Commitment does not apply to any unavailability, suspension or termination of an Evosys CAS Service, or any other Evosys CAS Service 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 the Evosys CAS Service; (ii) that result from any actions or inactions of you or any third party (e.g., rebooting any service or network, misconfiguring security groups, VPC configurations or credential settings, insufficient capacity, disabling encryption keys or making the encryption keys inaccessible, etc. or any other action performed intentionally or otherwise); (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); or (iv) arising from our suspension or termination of your right to use the Evosys Service in accordance with the Evosys Agreement (collectively, the “Evosys CAS SLA Exclusions”). If availability is impacted by factors other than those used in our calculation of the Monthly Uptime Percentage, then we may issue a Service Credit considering such factors at our discretion.

Definitions

“Unavailable” and “Unavailability” means when your service or Instance has no external connectivity.

“Error Rate” means: (i) the total number of internal server errors returned by the Evosys Service as error status “InternalError” or “ServiceUnavailable” divided by (ii) the total number of requests for the applicable request type during that 5-minute interval. We will calculate the Error Rate for each Evosys Service account as a percentage for each 5-minute interval in the monthly billing cycle. The calculation of the number of internal server errors will not include errors that arise directly or indirectly as a result of any of the Evosys SLA Exclusions.

“Monthly Uptime Percentage” for Evosys Services is calculated by subtracting from 100% the average of the Error Rates from each 5-minute interval in the monthly billing cycle. If you did not make any requests in a given 5-minute interval, that interval is assumed to have a 0% Error Rate. Specifically for Evosys STACK: Active/Standby Broker is calculated by subtracting from 100% the percentage of 1 minute intervals during the monthly billing cycle in which the Active/Standby Broker was “Unavailable”. If you have been running that Active/Standby Broker for only part of the month, your Active/Standby Broker is assumed to be 100% available for the portion of the month that it was not running.

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

“Availability Zone” and “AZ” mean an isolated location within an Evosys region identified by a letter identifier following the Evosys region code (e.g., aus-NSW-1A).

“Hourly Uptime Percentage” is calculated by subtracting from 100% the percentage of deployed minutes during any clock hour in which a service was in a state of Unavailability. Hourly Uptime Percentage measurements exclude Unavailability resulting directly or indirectly from any General SLA Exclusion

“Active/Standby Broker” means an Evosys Stack broker with the ACTIVE_STANDBY_MULTI_AZ parameter set to true.