Managed Cloud SLA

v.1.1 (April 2021)

Sitecore® Managed Cloud Service Level Agreement

 

These terms (the “SLA”) constitute Sitecore’s service level agreement for the Hosted Services set forth in Customer’s Order and are incorporated by reference into the Agreement. 

If Sitecore does not achieve and maintain the Service Levels (defined below) for the Hosted Services as described in this SLA, then Customer may be eligible for a credit towards a portion of the fees paid for the Hosted Services (“Fees”). Sitecore may reasonably update this SLA, from time to time, which updates will first be made applicable to Customer sixty (60) days after notice of the update is provided at http://dev.sitecore.net

Definitions

“Accrual Period” means any of the consecutive 12-month period(s) that make up a Subscription Term (e.g., if the Subscription Term is 36 months then there are three Accrual Periods in such Subscription Term).*

“Applicable Monthly Period” the month in an Accrual Period in which a Service Credit may be earned.

“Applicable Monthly Fees” means the pro-rated amount of the Fees paid by Customer for the applicable Production Set (as defined in the Order) in the relevant Accrual Period in which the Service Credit was earned, which amount is then divided by twelve.*

“Downtime” is the total accumulated minutes in a given Production Set during which Customer Data is unable to be stored or retrieved using the Hosted Services. Downtime does not include unavailability of the Hosted Services due to limitations described below.

“Maximum Available Minutes” is the total accumulated minutes for a given Production Set during an Applicable Monthly Period in which the Hosted Services are able to store and retrieve Customer Data.

“Monthly Uptime Commitment” means, with respect to a Production Set, the provision of the Hosted Services with a Monthly Uptime Percentage of at least 99.90%.

“Monthly Uptime Percentage” is calculated using the following formula (for a given Production Set):

Maximum Available Minutes – Downtime

X 100

Maximum Available Minutes

 

“Service Credit” is the percentage of the Applicable Monthly Fees credited to Customer following Sitecore’s claim approval as set forth below:

Monthly Uptime Percentage

Service Credit

Above or equal to 99.90%

None

<99.90% but above or equal to 98%

10%

<98%

20%

 

“Service Level” means the performance metric(s) set forth in this SLA that Sitecore agrees to meet in the delivery of the Hosted Services.

* Where the Subscription Term is not evenly divisible by 12, then the Accrual Period will be equal to the number of months in the applicable invoice period, and the Applicable Monthly Fees will be calculated by dividing by the number of months in that invoice period (e.g., if the Subscription Term is 42 months, then there are three Accrual Periods equal to 12 months and one Accrual Period equal to 6 months in such Subscription Term).

Service Credit

In the event Sitecore does not meet a Monthly Uptime Commitment, Customer has the right to claim a Service Credit. In order for Sitecore to consider a claim, Customer must submit the claim by emailing Sitecore at [email protected] and citing the applicable invoice number the Service Credit is claimed against. The Service Credit shall be deemed waived unless Sitecore receives the foregoing email request claiming a Service Credit within ten (10) days of the end of the Applicable Monthly Period.

Sitecore will evaluate all information reasonably available to it and make a good faith determination of whether any Service Credit is owed.  Customer must be in compliance with the Agreement and current on all payments at the time the reported Service Credit occurred in order to be eligible for a Service Credit. If Sitecore determines that a Service Credit is owed to Customer, Sitecore will apply such Service Credit to any future payment of Fees occurring after the Accrual Period in which the Service Credit was earned.

Service Credits will be limited to 20% of the Fees paid in each Accrual Period.  Service Credits are Customer’s sole and exclusive remedy for any availability issues with the Hosted Services, and will not entitle Customer to any refund or other payment from Sitecore. Customer may not unilaterally offset its Fees for any availability issues.

Limitations

This SLA and any applicable Service Levels do not apply to any availability issues:

  1. Due to factors outside Sitecore’s reasonable control, including, without limitation, force majeure events (as defined in the Agreement) and network, Internet, or other access or availability problems beyond the demarcation point of Sitecore;
  2. That result from Customer’s unauthorized access, action or inaction;
  3. That result from Customer’s failure to properly configure system components, modify its use as advised by Sitecore, comply with the Documentation, or follow the Sitecore Usage Policy;
  4. Due to Customer’s overburdening or impairing of the Hosted Services;
  5. With respect to features or functionality marked as “beta” in the Order and/or Documentation**;
  6. Regarding Non-Production Usage (where applicable to Hosted Services under an Order and as defined therein);
  7. Due to a fault in Customer’s input or actions to, or customization(s) of, the Hosted Services environment;
  8. That result from the provision of Support, including any actions arising out of Support as requested or performed by Customer;
  9. That result from customization or configuration of the Software;
  10. That result from any additional components outside of the applicable Configuration Detail (as set forth in the Order); and
  11. That fail to materially impact Customer’s actual use of the Hosted Services.

Additionally, upon Sitecore’s request, Customer shall reasonably cooperate with Sitecore in finding solutions to any Downtime that may arise in relation to Customer’s use of the Hosted Services, which shall include providing reasonably detailed descriptions of issues and updates on performance of the Hosted Services.

** At such point in time in which features or functionality marked as “beta” cease to be “beta”, such change in status will be reflected in the Documentation and, where possible, in electronic notice to the Customer.

If Customer purchases Sitecore® Managed Cloud Premium Cloud Services, the following terms will apply:

Sitecore will provide the following additional services to Customer (collectively, “Premium Services”) in relation to the Hosted Services: (i) Customer shall be able to file support tickets either via the Premium Services Portal (as defined below) or Premium Services Number (as defined below) 24 hours a day, 7 days a week, 365 days a year; (ii) Customer can reasonably expect a response time to a support ticket submitted through the Premium Services Portal within 24 hours, or within fifteen (15) minutes if the support ticket submitted through the Premium Services Number; (iii) a Technical Account Manager; (iv) enhanced assistance with onboarding; and (v) enhanced Azure monitoring. “Premium Services Portal” means an online support portal, separate from the Sitecore support portal described above, where support tickets can be requested by Customer and created, updated and tracked directly by third party service providers involved in the delivery of Premium Services. “Premium Services Number” means a phone number, which will be provided to Customer after signing the Order, where support tickets can also be requested by Customer and created, updated and tracked directly by third party service providers involved in the delivery of Premium Services.

 Customers that have purchased Premium Services may also purchase Add-On Premium Services under an Order, including the following:

 Advanced Application Services. If Advanced Application Services are purchased under an Order, the following shall be provided to Customer by the applicable third party service provider involved in the delivery of Premium Services: (i) application monitoring and/or infrastructure and application component configuration; (ii) specialist assistance and customized support, which includes specifying the appropriate action to be taken and the Customer point of contact for defined events (such events to be defined during the on-boarding process); (iii) Customer may contact its Technical Account Manager at any time, who will work with Customer on any requested changes to the configuration; and (iv) access to the Advanced Application Services 24 hours a day, 7 days a week, 365 days a year.

PDR Services. If PDR Services are purchases under an Order, the following shall be provided to Customer by the applicable third party service provider involved in the delivery of Premium Support:  (i) monitoring of the production environments for threats and attacks; (ii) responding to such attacks; (iii) scanning of the production environments to highlight vulnerabilities; (iv) weekly and monthly reporting of any security event(s); and (v) access to the PDR Services team 24 hours a day, 7 days a week, 365 days a year.