“Uptime” means as all times when the Trifacta Services are available to be accessed by authorized Users and performing suitably to provide Customer the ability to conduct normal business functions.
“Downtime” means times when the Trifacta Services are not accessible, provided Downtime will not include Exception Times as described in the formula below.
“Exception Times” are exceptions to the calculation of Downtime. Exception Times include times that Users are unable to access the Trifacta Services due to:
(i) maintenance performed during a Standard Maintenance Window (as defined below);
(ii) a force majeure event;
(iii) problems with Customer’s network, third party software applications, hardware or network connectivity; and/or
(iv) misuse of the Trifacta Services.
“Standard Maintenance Window” consists of the following hours:
(i) between 8:00 a.m. and 10:00 a.m. U.S. Pacific Time Zone on every Sunday;
(ii) between 12:00 noon and 3:00 p.m. U.S. Pacific Time Zone on every Saturday.
If the Standard Maintenance Window requires Downtime then this time is “Scheduled Downtime” for the purposes of the “Formula”.
For any major maintenance work, Trifacta will notify Customer forty-eight (48) hours in advance.
System Availability is calculated as: System Availability=((n-y)*100)/n
“n” is the total number of hours in a given calendar month excluding Scheduled Downtime, and Exception Times; and
“y” is the total number of Downtime hours in the given calendar month.
For months in which services commence on other than the first day of the month, the calculation of “x” will be prorated accordingly.
SLA Warranty Credit Remedy:
In the event the System Availability for a month is less than 99.5% for any given month, then as Customer’s sole remedy and Trifacta’s sole liability, Trifacta will issue to Customer a credit of 10% of the Subscription Fee paid for the applicable month for the Trifacta Services, to be applied against fees payable under the Agreement. In order to receive credit hereunder, Customer must make a written request to Trifacta within thirty (30) days of the end of the applicable month. Credits will expire at the termination or expiration of the Hosted Services Agreement.
Last Updated: 11.15.2016