Caspio Service Level Agreement (SLA)

This Service Level Agreement (“SLA”) applies to customers with an active Caspio Platform Plan that includes an SLA.

1. DEFINITION

Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Caspio Master Service Agreement Platform Terms of Service (“Terms of Service”).

2. UPTIME GUARANTEE

We provide a 99.9% uptime guarantee. This means that for any given month, while unlikely, it is possible that the Caspio Platform may experience an average downtime of up to 2,678 seconds excluding scheduled maintenance. If cumulative outage exceeds 2,678 seconds in a month, we will credit 5% of your base monthly recurring fee for the affected account, per hour of downtime.

THE TOTAL CREDIT ALLOWANCE PER MONTH IS CAPPED AT 100% OF THAT MONTH’S MONTHLY RECURRING FEE FOR THE AFFECTED ACCOUNT.

This guarantee covers only Caspio’s application and database servers. This guarantee does not apply to third-party services including email/SMS delivery, scheduled tasks, data import/export tasks, payment processors, and CDN services.

3. SCHEDULED MAINTENANCE

Scheduled Maintenance means any maintenance on the equipment and services that affect the uptime of the Caspio Platform, for which you at least 24 hours’ notice will be provided to your account administrator by a method elected by Caspio (email or telephone).

Nothing in this SLA shall prevent Caspio from conducting emergency maintenance on an as-needed basis. In the event that scheduled maintenance may unduly affect your operations, it shall be your responsibility to so notify Caspio Technical Support via https://support.caspio.com to discuss any potential arrangements.

4. CREDIT PROCEDURES AND EXCEPTIONS

To be eligible for credit, you must notify us via opening a support ticket at https://support.caspio.com indicating that you wish to pursue your rights as guaranteed by this SLA within 10 days of the incident. Caspio is not required to provide SLA-guaranteed services or credits to customers who are in default of their contractual obligations. Upon opening a support ticket, we will verify the claim and if the problem is verified and meets the requirements of this SLA, we will measure downtime. Caspio monitoring systems and records shall be the information source of record for the accumulation of downtime.

Credits shall not be allowed for conditions (a) caused by you or others authorized by You; (b) due to the failure of power, facilities, equipment, systems or connections not provided by Caspio; (c) arising from the result of scheduled maintenance or upgrades where you have been notified in advance; (d) attacks (i.e. hacks, denial of service attacks, viruses) by third parties, and other acts not caused by Caspio or (e) events of force majeure, including acts of war, god, earthquake, flood, embargo, riot, sabotage, labor dispute (excluding Caspio’s own employees), government act, or failure of the Internet, and actions or inactions of your personnel, affiliates and vendors.

Credits are accumulated monthly and reset at the beginning of each calendar month. Any two consecutive months in which cumulative downtime is in excess of 270 minutes shall be considered a breach of contract by Caspio and you would have the option to terminate with cause.

Credits are applied to future invoices or paid by check/wire if credit occurs in final service month.

5. OTHER LIMITATIONS

The remedies set forth in this Service Level Agreement shall be your sole and exclusive remedies for any Service Interruption, outage, unavailability, delay, or other degradation, or any Caspio failure to meet the service objectives.