1. Service Commitment
SundaySky will use commercially reasonable efforts to make the Video Engine available and serve requests with an Annual Uptime Percentage (as defined below) of at least 99.8% during the Service Year, excluding Scheduled Maintenance.
In the event that SundaySky does not meet the Annual Uptime Percentage commitment, the Customer will be eligible to receive a Credit (as described below).
- “Service Year”: the preceding 12 full calendar months from the SLA claim date.
- “Annual Uptime Percentage”: A percentage calculated by subtracting from 100% the percentage of 5 minute periods during the Service Year, in which the Video Engine was in the state of “Service Unavailable” to Customer’s users.
In cases where Customer has been using the Video Engine for less than 12 calendar months, the Service Year is still the preceding 12 calendar months prior to the SLA claim, but all the days prior to Customer’s start of use of the Video Engine will be deemed to have had a 100% uptime.
Any downtime occurring prior to a successful Credit claim cannot be used for future claims. Annual Uptime Percentage calculation excludes any downtime resulting, directly or indirectly, from any SundaySky SLA Exclusion (as defined below), or from any Scheduled Maintenance (as defined below) period.
- “Scheduled Maintenance”: A period of time where the Video Engine is proactively taken down by SundaySky, in order to perform maintenance on the different Video Engine components. Ordinary Scheduled Maintenance will be performed on a weekly basis between Sunday at 2am Eastern time and Sunday at 6am Eastern time. Additional Scheduled Maintenance periods may be scheduled by SundaySky, provided that such Scheduled Maintenance period is communicated to Customer at least two days prior to the Scheduled Maintenance period.
- “Service Unavailable”: A state where all SundaySky video requests are not fulfilled (i.e. are not generated and are not delivered from the Video Engine) during a five minute period and all users are unable to watch such videos due to a malfunction of the Video Engine.
- “Credit”: Dollar credit, calculated (as defined below), that may be credited back to Customer.
3. Service Commitments and Credits
In the event of Annual Uptime Percentage of below 99.8% for the Service Year, Customer will be eligible to receive a Credit equal to 10% of Customer's monthly bill (excluding any setup and other one-time fees) for the month where the most recent Service Unavailable event included in the SLA claim occurred.
Customer does not have to wait full 12 calendar months from the day it started using the Video Engine or full 12 calendar months from its last successful claim in order to file a claim. Customer can file a claim any time its Annual Uptime Percentage over the trailing 12 calendar months drops below 99.8%, as long as the claim is submitted as specified in section 4 below.
Credits will be applied toward future payments otherwise due to SundaySky. Credits will not entitle Customer to any refund or other payments from SundaySky, and Credits are not transferrable or assignable.
Unless otherwise agreed to in the Agreement, Customer's sole and exclusive remedy for any unavailability or non-performance or any other failure by SundaySky to provide the Video Engine is the receipt of a Credit (if eligible), in accordance with the terms of this SLA.
4. Credit Requests and Payment Procedures
To receive a Credit, Customer must submit a request by sending an email to SundaySky-SLA-Request@SundaySky.com. To be eligible, Credit Requests must include all of the following:
- Customer's full legal name in the subject line
- Dates and times of each Service Unavailable incident that Customer claims to have experienced, including video link samples that were supposed to be available but were not.
- Video request logs (such as from FireBug or other similar tools) that document the fact that videos were unavailable to Customer’s end users (any confidential or sensitive data in these logs should be replaced by asterisks prior to sending it).
- Be sent by Customer and received by SundaySky within one month from the most recent Service Unavailable incident claim.
If the Annual Uptime Percentage of this request is confirmed by SundaySky and is less than 99.8% for the Service Year, then SundaySky will issue a Credit to Customer within one billing cycle following the month in which the request occurred.
Customer’s failure to provide all the requested information as required above will disqualify the SLA claim.
5. SundaySky SLA Exclusions
The SundaySky Service Commitment shall not apply to any unavailability, suspension, termination, or any other Video Engine performance issues that:
- Result from suspension or termination of the SundaySky service by Customer.
- Is caused by factors outside of SundaySky’s reasonable control, including any force majeure event or Internet access or related problems beyond the control of SundaySky or its paid service providers.
- Is the result of any action or inaction of Customer or any third party that is not directly a provider used to maintain the proper operation of the Video Engine.
- Result from Customer’s equipment, software, or other technology and/or other third party equipment, software, or other technology (other than third party equipment that is within SundaySky’s direct control or is used by one of SundaySky’s providers used to maintain the proper operation of the Video Engine).
- Result from video generation requests and/or video playback requests not being delivered properly from Customer’s environment to the Video Engine, whether caused by Internet failures, Data feed problems, or other such issues.
- Result from failure to generate or deliver any individual SundaySky video while other videos are generated and delivered properly at the same 5 minute period.
- Arise from SundaySky’s suspension and/or termination of Customer’s rights to use the Video Engine in accordance with the Agreement.