Service Level Agreement (SLA)

Strategy shall use all reasonable commercial efforts, being no less than accepted industrial standards in this regard, to ensure that the hosting service is available to you 99.9% of the time in any calendar month. If it is not, you may be eligible to receive the Service Credits described below (the “Hosting Service Level Agreement”).

Strategy’s normal business hours of operation are between the hours of 8:00am – 6:00pm, Monday through Friday, excluding public holidays. Hosting monitoring services will be provided 24/7/365.

• “Downtime” means, for a server, if there is more than a five percent user error rate. User error is calculated using server monitoring software, based on results from ping tests, web server tests, port tests, and website tests. Downtime is measured based on server-side error rate.
• “Emergency Downtime” means those times where Strategy becomes aware of a vulnerability which, based on a risk assessment of the vulnerability, Strategy deems to require immediate remediation and, as a result, the Hosting Service is made temporarily unavailable in order for Strategy to address the vulnerability. Emergency Downtime is not considered Downtime for purposes of this Hosting Uptime SLA, and will not be counted towards any Downtime Periods
• “Monthly Uptime Percentage” means the total number of minutes in the calendar month minus the number of minutes of Downtime suffered from all Downtime Periods in the calendar month, divided by the total number of minutes in the calendar month.
• “Scheduled Downtime” means those times where Strategy notifies you of periods of Downtime three (3) days prior to the commencement of such Downtime. There will be no more than twelve (12) hours of Scheduled Downtime per calendar year. Scheduled Downtime is not considered Downtime for purposes of this Hosting Uptime SLA, and will not be counted towards any Downtime Periods.
• “Services” means the services provided to you by the Hosting Service including source control, project management, ticketing collaboration and other services in accordance with terms expressly agreed between you and Strategy.
• “Service Credit” may be provided according to the following schedule:
  • One-month Credit: Includes Thirty (30) days of Services added to the end of your billing cycle, at no charge to you, if the Monthly Uptime Percentage for any calendar month is less than 99.9%.
  • Right to terminate: In the event the Monthly Uptime Percentage for any calendar month is less than 90.0%, you will have a right to terminate Hosting plan with seven (7) days written notice to Strategy, or alternatively you can opt to procure the One-month Credit outlined above.

Customer Must Request Service Credit. In order to receive any of the Service Credits described above, you must notify Strategy by email or otherwise in writing within thirty (30) days from the time you become eligible to receive a Service Credit.

Maximum Service Credit. The aggregate maximum number of Service Credits you can claim for any and all Downtime Periods that occur in a single calendar month shall not exceed thirty days of Services added to the end of your billing cycle. Service Credits may not be exchanged for, or converted to, monetary compensation.

Uptime SLA Exclusions. The Uptime SLA does not apply to any performance issues: (i) caused by factors outside of Strategy’s reasonable control; (ii) that resulted from any actions or inactions of you or any third parties; or (iii) that resulted from your equipment and/or third party equipment (not within the primary control of Strategy). This Hosting SLA states your sole and exclusive remedy for any failure by Strategy to provide the Services as a result of Downtime.

Vendor SLA: https://www.linode.com/legal-sla-compute/

CHANGE REQUEST AND SUPPORT ESCALATION

Strategy will respond to the client’s change request and support tickets as detailed below, and with best effort after hours or on holidays. Tickets and change requests must be opened by the client’s designated contact person(s), by email to our help desk, or by phone if email is unavailable. If a non-designated person submits a ticket, the ticket must be approved by the designated person(s).

ESCALATION PROCESS: