Bizagi will provide a Monthly Up-time Percentage of 99,9% to the Customer.
If Bizagi does not achieve the SLA Commitment in any given month then you will be eligible to receive Service Credits towards a portion of the monthly service fees, as described below:
Monthly Uptime Percentage
Regarding Service Credits:
•The parties acknowledge that each Service Credit is a genuine pre-estimate of the loss likely to be suffered by you and not a penalty.
•The provision of a Service Credit set forth herein represents a Customer’s sole and exclusive remedy if Bizagi does not achieve the SLA Commitment. Customers cannot unilaterally offset its Service Fees for any availability issues.
•Service Credits shall be shown as a deduction from the amount due from the Customer to the Supplier in the next invoice due to be issued under the Main Agreement. The Supplier shall not in any circumstances be obliged to pay any money or make any refund to the Customer.
•Without prejudice of the foregoing, if a Service Credit cannot be applied to a future Subscription Fee due to non-renewal of the applicable Service or termination of the Agreement, Bizagi will pay Customer the amount of the service credit; payment terms are net sixty (60) days after (i) Bizagi's receipt of notice of non-renewal or (ii) termination of the Agreement, as applicable.
To receive Service Credits, the Customer must submit a claim to Bizagi support, including all of the information necessary to validate the claim, including but not limited to:
•A detailed description of the Incident.
•Information regarding the time and duration of the downtime
•The number and location(s) of affected users (if applicable).
•Descriptions of attempts to connect or use the Services at the time of occurrence. If the Customer does not comply with these requirements, the Customer will forfeit the right to receive service credits.
•This claim must be submitted within thirty (30) days of the end of the billing month in which the Incident that is the subject of the claim occurred.
•Bizagi will evaluate all information reasonably available and will make a good faith determination of whether a service credit is owed.
•Bizagi will use commercially reasonable efforts to process claims during the subsequent sixty (60) days. If Bizagi determines that a Service Credit is owed to the Customer, Bizagi will apply the Service Credits as described in the service level commitment section.
The SLA Commitment do not apply to any performance or availability issues:
•Due to factors outside of Bizagi's reasonable control (for example, natural disaster, war, acts of terrorism, riots, government action, or a network or device failure external to Bizagi's data centers, including at the Customer’s site or between Customer’s site and their data center);
•Any time the Bizagi PaaS is not available as a result of scheduled downtime activities, emergency maintenance, Customer initiated maintenance or any other agreed-to scheduled downtime activity;
•That result from the use of services, hardware, or software not provided by Bizagi, including, but not limited to, issues resulting from inadequate bandwidth or related to third-party software or services;
•Caused by the Customer’s use of a Service after Bizagi advised the Customer to modify its use of the Service, if the Customer did not modify their use as advised;
•That result from modifications or plug-ins to the Bizagi PaaS, or unsupported programming, unsupported integrations or malicious activities;
•That result from Customer’s content or applications or third party content.
•That result from using the Bizagi PaaS contrary to the then current documentation;
•That result from the Customer’s unauthorized action or lack of action when required, or from the Customer’s employees, agents, contractors, or vendors, or anyone gaining access to our network by means of your passwords or equipment, or otherwise resulting from Customer failure to follow appropriate security practices;
•That result from the Customer’s failure to adhere to any required configurations, use supported platforms, follow any policies for acceptable use, or Customer’s use of the Service in a manner inconsistent with the features and functionality of the Service (for example, attempts to perform operations that are not supported) or inconsistent with our published guidance;
•That result from the Customer’s attempts to perform operations that exceed prescribed quotas requested in the Order Form (e.g, per your chosen Bizagi Service Tier) or that resulted from our throttling of suspected abusive behavior or other behaviors that violate the Agreement.