Tebi Cloud Storage Service Level Agreement

Last updated: March 26, 2021

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This Tebi Distributed Cloud Storage (“Tebi DCS”) Service Level Agreement (“SLA”) is a policy governing the use of Tebi DCS and its Features as set out below under the terms of the Tebi Customer Agreement (“Tebi Agreement”) between SIDEGLIDE SOLUTIONS LTD and its affiliates (“Tebi”, “us” or “we”) and users of Tebi services (“you”). This SLA applies separately to each account using Tebi DCS. Unless otherwise provided herein, this SLA is subject to the terms of the Tebi Agreement, and capitalized terms will have the meaning specified in the Tebi Agreement. We reserve the right to change the terms of this SLA in accordance with the Tebi Agreement.

Service Commitment
Live Replication Feature Commitment
Credit Request and Payment Procedures
Tebi DCS SLA Exclusions

Tebi will use commercially reasonable efforts to make Tebi DCS available with a Monthly Uptime Percentage (defined below) of at least 99.9% during any monthly billing cycle (the “Service Commitment”). In the event Tebi DCS does not meet the Service Commitment, you will be eligible to receive an Uptime Service Credit as described below.

    Definitions
  • “Error Rate” means: (i) the total number of internal server errors returned by Tebi DCS during a given sixty-minute period divided by (ii) the total number of requests during that sixty-minute period. We will calculate the Error Rate for each Tebi DCS account as a percentage for each sixty-minute period in the monthly billing cycle. The calculation of the number of internal server errors will not include errors that arise directly or indirectly as a result of any of the Tebi DCS SLA Exclusions (as defined below).
  • “Monthly Uptime Percentage” is calculated by subtracting from 100% the average of the Error Rates from each sixty-minute period in the monthly billing cycle.
  • An “Uptime Service Credit” is a dollar credit, calculated as set forth below, that we may credit back to an eligible account.

Uptime Service Credits
Uptime Service Credits are calculated as a percentage of the total charges paid by you for Tebi DCS for the billing cycle in which the error occurred in accordance with the schedule below.

For all requests to the data that is stored in more than one data center:

Monthly Uptime Percentage

Uptime Service Credit Percentage

Less than 99.9% but greater than or equal to 99.0%

10%

Less than 99.0% but greater than or equal to 95.0%

25%

Less than 95.0%

100%

For all requests to the data that is stored in only one data center:

Monthly Uptime Percentage

Uptime Service Credit Percentage

Less than 99.0% but greater than or equal to 98.0%

10%

Less than 98.0% but greater than or equal to 95.0%

25%

Less than 95.0%

100%

We will apply any Uptime Service Credits only against future Tebi DCS payments otherwise due from you. At our discretion, we may issue the Uptime Service Credit to the credit card you used to pay for the billing cycle in which the error occurred. Uptime Service Credits will not entitle you to any refund or other payment from Tebi. An Uptime Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Uptime Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Tebi Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failures by us to provide Tebi DCS is the receipt of an Uptime Service Credit (if eligible) in accordance with the terms of this SLA.

Tebi will use commercially reasonable efforts to make the Tebi DCS Live Replication Feature (“LR Feature”) meet a Monthly 1-minute Replication Percentage for each region pair per account, as described below, during any monthly billing cycle (the “LR Feature Commitment”). In the event that the LR Feature does not meet the LR Feature Commitment, you will be eligible to receive a Replication Service Credit as described below.

    Definitions
  • “Monthly 1-minute Replication Percentage” is calculated by subtracting from 100% the percentage of the objects replicated by the LR Feature that did not successfully complete replication within 1 minute in each region pair per account during the monthly billing cycle in which the replication was initiated.
  • An “Replication Service Credit” is a dollar credit, calculated as set forth below, that we may credit back to an eligible account.

Replication Service Credits
Replication Service Credits are calculated as a percentage of LR Feature charges including replication requests, inter-region data transfer, the LR Feature fee, and destination data center storage charges associated with any object affected for the billing cycle in which the Monthly 1-minute Replication Percentage fell within the ranges set forth in the table below.

Monthly 1-minute Replication Percentage

Replication Service Credit Percentage

Less than 99.9% but greater than or equal to 98.0%

10%

Less than 98.0% but greater than or equal to 95.0%

25%

Less than 95.0%

100%

We will apply any Replication Service Credits only against future payments otherwise due from you for the LR Feature. At our discretion, we may issue the Replication Service Credit to the credit card you used to pay for the billing cycle in which the LR Feature did not meet LR Feature Commitment. Replication Service Credits will not entitle you to any refund or other payment from Tebi. A Replication Service Credit will be applicable and issued only if the credit amount for the LR Feature for the applicable monthly billing cycle is greater than one dollar ($1 USD). Replication Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Tebi Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failures by us to provide the LR Feature is the receipt of a Replication Service Credit (if eligible) in accordance with the terms of this SLA.

To receive a Service Credit, you must submit a claim by opening a ticket with Tebi Support. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include

    For an Uptime Service Credit Request
  • the words “SLA Uptime Credit Request” in the subject line;
  • the dates and times of each incident of non-zero Error Rates that you are claiming; and
  • your request logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).

If the Monthly Uptime Percentage applicable to the month of such request is confirmed by us and is less than 99.9%, then we will issue the Uptime Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving an Uptime Service Credit.

    For a Replication Service Credit Request
  • the words “SLA Replication Credit Request” in the subject line;
  • the billing cycle and region pair(s) with respect to which you are claiming Replication Service Credits together with the dates and times of each incident that you are claiming; and
  • your logs that document claimed incident(s) when the Tebi DCS Live Replication Feature did not meet the LR Feature Commitment (any confidential or sensitive information in these logs should be removed or replaced with asterisks).

If the Monthly 1-minute Replication Percentage applicable to the month of such request is confirmed by us and is less than 98.0%, then we will issue the Replication Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Replication Service Credit.

The Service Commitment does not apply to any unavailability, suspension, or termination of Tebi DCS, or any other Tebi DCS performance issues: (i) that result from a suspension described in Section 6 of the Tebi Agreement; (ii) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of Tebi DCS; (iii) that result from any actions or inactions of you or any third party; (iv) that result from your equipment, software or other technology and/or third-party equipment, software or other technology (other than third party equipment within our direct control); (v) arising from our suspension and termination of your right to use Tebi DCS in accordance with the Tebi Agreement; (vi) that result from exceeding usage limits stated in the Tebi DCS documentation (collectively, the “Tebi DCS SLA Exclusions”). If availability is impacted by factors other than those used in our calculation of the Error Rate, then we may issue a Service Credit considering such factors at our discretion.