Service Level Agreement (SLA)
VerusTrust Service Level Agreement (SLA)
This Service Level Agreement (“SLA”) is a policy governing the use of VerusTrust’s cloud-based services (“Services”) under the terms of the VerusTrust Terms of Service (the “Terms of Service”) between VerusTrust and users of VerusTrusts’s cloud-based services (“Customer”). This SLA applies separately to each account using the Services. Unless otherwise specified herein, this SLA is subject to the terms outlined in the Terms of Service.
Service Provider and Customer hereby agree as follows:
- Service Commitment
VerusTrust will use commercially reasonable efforts to achieve a Monthly Uptime Percentage (defined below) of at least 99.9% during any monthly billing cycle (the “Service Commitment”). In the event that VerusTrust does not meet the Service Commitment, the Customer will be eligible to receive a Service Credit as described below. These credits are the Customer’s exclusive remedy for any failure by VerusTrust to meet the Service Commitment.
- Definitions
The following terms shall have the meanings set forth below:
“Downtime”: Refers to any period during which the VerusTrust services are not accessible or usable by the Customer, as monitored by VerusTrust.
“Monthly Uptime Percentage”: Calculated by subtracting from 100% the percentage of continuous 5-minute periods of Downtime suffered during the month. Monthly Uptime Percentage measurements exclude any Downtime resulting (directly or indirectly) from any SLA exclusions (defined below).
“Service Credit”: A credit, denominated in EUR, that may be credited to an eligible account based on the calculation set forth below.
- Service Commitments and Service Credits
Service Credits are calculated as a percentage of the total charges paid by the Customer (excluding any one-time payments such as upfront fees) for the VerusTrust Services during the monthly billing cycle in which the Downtime occurred, in accordance with the following schedule:
| Monthly Uptime Percentage (%) | Service Credit Percentage (%) |
|---|---|
|
Less than 99.9% but equal to or greater than 99% |
10%
|
|
Less than 99% |
30%
|
We will apply any Service Credits only against future payments due for VerusTrust Services. At VerusTrust’s discretion, Service Credits may be issued to the payment method used for the billing cycle in which the Downtime occurred. Service Credits do not entitle the Customer to refunds or other payments from VerusTrust. A Service Credit will only be applied if the total credit amount for the applicable billing cycle is greater than 1 EUR. Service Credits may not be transferred or applied to any other account.
Unless otherwise provided in the Terms of Service, the Customer’s sole and exclusive remedy for any unavailability, non-performance, or other failure to provide the VerusTrust Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
- Claim Procedure
To receive a Service Credit, the Customer must submit a claim by sending an email to support@verustrust.com. To be eligible, the credit request must be received by VerusTrust no later than the end of the second billing cycle following the incident.
It must include the following information:
- Customer name, registered email address, and company ID.
- The name of the service related to the claim.
- Supporting details for each claim of Downtime, including the date, time, and a description of the incident and affected service. All Downtime claims must fall within the billing cycle for which the claim is being submitted.
If the Monthly Uptime Percentage of the claim is confirmed by VerusTrust to be less than the Service Commitment, VerusTrust will issue the Service Credit within one billing cycle following the month in which the request is confirmed. Failure to provide the required information or submit the request within the specified timeframe will disqualify the Customer from receiving a Service Credit.
- Claim Procedure VerusTrust SLA Exclusions
The Service Commitment does not apply to any unavailability, suspension, or termination of VerusTrust Services, or other performance issues, in the following cases:
- Scheduled Maintenance: Service unavailability caused by scheduled maintenance of the platform used to provide the applicable services. VerusTrust will strive to provide at least seven days’ advance notice of service-affecting maintenance.
- Force Majeure and External Factors: Service unavailability caused by events outside of VerusTrust’s reasonable control, including but not limited to force majeure events, Internet access issues beyond the control of VerusTrust or its direct hosting subcontractors, and failure of any third-party services or technologies used to connect to or access VerusTrust services.
- Customer or Third-Party Actions: Service unavailability resulting from actions or inactions of the Customer, or any third party not under VerusTrust’s direct control (other than VerusTrust’s hosting subcontractors).
- Customer Equipment or Software: Service unavailability caused by issues with the Customer’s own equipment, software, or other technology, or that of third parties, except for third-party equipment directly controlled by VerusTrust.
- Suspension or Termination: Service unavailability arising from VerusTrust’s suspension or termination of the Customer’s access to VerusTrust services due to a breach of the Terms of Service or in accordance with the Terms of Service.
If availability is impacted by factors outside the scope of the Monthly Uptime Percentage calculation, VerusTrust may, at its sole discretion, issue a Service Credit considering such factors.