Blumira SaaS Service Managed Service Provider Agreement (4/18/22)
Blumira's platform will be available 99.9% of the time, as measured by Blumira over each calendar month of the Subscription Term, and subject to the exclusions set forth below (the “Service Level Commitment”).
Blumira is considered available if the Customer is able to login and interact with any Findings.
Service Credit
If Blumira fails to achieve the above Service Level Commitment, and if Customer meets its obligations under this Service Level Commitment, the Customer may claim a credit as provided below, up to maximum credit per calendar month equal to fifteen (15) days of Service.
"Service Credit" means the number of days of Service to be added to the end of the Service term, at no charge to Customer calculated as follows:
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Service Credit Claims
To receive a service credit, a Customer must file a claim for such credit within fifteen (15) days following the end of the calendar month in which the Service Level Commitment was not met for an applicable Blumira Service, by contacting Blumira at support@Blumira.com with a complete description of the downtime, how the Customer was adversely affected, and for how long. Failure to comply with this requirement will forfeit Customer's right to receive a Service Credit. Service Credits may not be exchanged for, or converted to, monetary amounts. The service credit remedy set forth in this Service Level Schedule is the Customer's sole and exclusive remedy for the unavailability of any applicable Blumira Service.
Exclusions
A Customer will not be entitled to a service credit if it is in breach of its Agreement with Blumira, including payment obligations. The Service Level Commitment does not apply to any downtime, suspension or termination of the applicable Blumira Service that results from:
- Account suspension or termination due to Customer's breach of the Agreement.
- Routine scheduled maintenance or reasonable emergency maintenance.
- Force major events or other factors outside of our reasonable control, including, without limitation, Internet access or related problems.
- Customer's equipment, network, software or other technology, or third-party equipment not within the primary control of Blumira including Blumira sensor software that forwards log data from customer premises to Blumira. For purposes of the Service Level Commitment, Blumira sensor is excluded from the calculation of the availability of the Blumira Services.
No Service Level Commitment is provided for free, proof-of-concept, or unpaid trial services.
Please contact Blumira Support by emailing support@Blumira.com if you have any questions or concerns.