This Service Level Agreement (“SLA”) between Zoolz. (“Zoolz”) and you (“you”) sets forth the service level terms and conditions with respect to the cloud-based automated data backup services offered by Zoolz, currently via www.zoolz.com (the “Cloud Backup Services”).
Zoolz is dedicated to making the Cloud Backup Services easy to access and to use and to providing you with the highest standards of service. This SLA formally sets forth Zoolz commitment to ensure 99.9% uptime of the Cloud Backup Services.
For as long as you are subscribed to the Cloud Backup Services in accordance with the Terms of Use, Zoolz will ensure that the Cloud Backup Services will be available and operational at an annual Uptime Percentage of at least 99.9%, as measured over any calendar month (the “Service Level Goal”). If Zoolz fails to meet the Uptime Percentage in any calendar month, and as long as you have met your obligations under the Terms of Use, you may notify Zoolz of such failure by sending an email to Zoolz at support@Zoolz.com, and Zoolz will provide you with a Service Credit. The Service Credit is your sole and exclusive remedy for a failure by Zoolz to meet the Service Level Goal.
The SLA does not apply to any services that expressly exclude this SLA (as stated in the documentation for such services) or to Downtime resulting from:
Amazon Web Services outage or other causes beyond Zoolz reasonable control, including force majeure events; or
Your or any third party’s equipment, services, actions or lack thereof.
Zoolz scheduled maintenance and version upgrades.
“Downtime” means the total number of minutes in a calendar month during which the Cloud Backup Services are unavailable or inoperable.
“Monthly Uptime Percentage” means the total number of minutes in a calendar month minus Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month.
“Service Credit” means a credit calculated as the difference between the Service Level Goal and the Monthly Uptime Percentage, multiplied by the monthly fee payable by you to Zoolz for the applicable month in accordance with the Terms of Use.