Magento Commerce Service-Level Agreement
This Service Level Agreement (this “SLA”) describes Magento’s support policies for its Magento Commerce product. Magento may modify this SLA at any time by posting a revised version at https://magento.com/legal/terms/cloud-sla and/or notifying your designated contact via email. Notwithstanding the foregoing, Magento agrees that there will be no material diminishment in the benefits provided to you under this SLA during your subscription term (as set forth in your Order Form). In the event of a conflict between this SLA and the Magento Commerce Services Agreement you have entered with Magento (the “Agreement”), the Agreement shall control, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.
1. SERVICE AVAILABILITY COMMITMENT
“Downtime” means a period of time when the Services are not Operational.
"Implementation Team" means either Customer’s designated internal staff or a third party retained by Customer pursuant to a separate agreement that is responsible for the technical management of Customer’s use of the Services.
"Operational" means the ability to run Customer’s Production Instance without errors or failures.
"Service Credits" means credits available to Customer if the Service Level is not met for any given calendar month, if Customer, within thirty (30) days after the end of a such calendar month, applies to Magento for such credit. After Magento receives such a request and confirms that the Service Level has not been met, Magento will provide Customer with a credit towards the Customer’s Subscription Fees during the next applicable Accounting Period calculated as follows: For each percentage or fraction of a percentage of Downtime per calendar month, Customer will be entitled to a credit for the corresponding percentage or fraction of a percentage of the applicable Service Fees paid by Customer that are attributable to that month up to a maximum of twenty-five percent (25%) of the portion of the Services Fees attributable to a calendar month. In no event shall Customer setoff any service credits against the amounts that it owes Magento.
“Service Level” means that the Services are Operational during 99.99% of any given calendar month for the Pro plan or during 99.9% of any given calendar month for the Starter plan. For clarity, the calculation of the Service Level shall not include Downtime attributable to (i) failure to deploy the Services according to the Documentation; (ii) failure to ensure that Customer Content is being successfully cached in the page cache, (iii) planned downtime or maintenance; (iv) outages or failure of other components not within Magento’s control; (v) factors outside the reasonable control of Magento including but not limited to force majeure, general internet outages, or problems beyond the Services provided by Magento; (vi) problems resulting from either Customer’s or Customer’s Implementation Team’s actions or inactions, including without limitation problems resulting from Customer Content, Modifications, Customizations, Third Party Applications, Third Party Content, Third Party Web Services, or any issues caused by or arising from configuration of the Software or errant or problematic code; or (vii) issues that impact elements of the Services outside of the Production Instance.
1.2 Magento Commitment
Magento ensures that the Services will meet the Service Level. In the event the Services do not meet the Service Level, Customer is eligible to receive the Service Credits. Customer may view the status of the Services at https://status.magento.cloud.
THE PROVISIONS OF THIS EXHIBIT STATE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND MAGENTO’S SOLE AND EXCLUSIVE OBLIGATION FOR ANY SERVICE LEVEL DEFICIENCIES OF ANY KIND.
2. SUPPORT COMMITMENT
"Incident"means an unexpected failure or degradation in the quality of the Services which is reported to Magento by Customer.
"Excluded Services"means (i) support for any issues resulting from Customer Content, Modifications, Customizations, Third Party Applications, Third Party Web Services, Third Party Content or any code other than the Software delivered to Customer by Magento, and (ii) any services which Customer is responsible for providing pursuant to Section 2.2.
2.2 Customer Obligations.
Customer or Customer’s Implementation Team will be responsible for implementation services for the set up and configuration of the Services, as well as the prompt installation of all patches and upgrades provided by Magento.
2.3 Magento Obligations.
Magento will use commercially reasonable efforts to respond to Incidents as set forth below in the INCIDENT PRIORITIES AND INITIAL RESPONSE TIMES table to the extent such Incidents are not the result of Excluded Services, as reasonably determined by Magento.
|Priority 1||Fatal Issue/Total Failure: Problem causing a Customer’s Site to cease from operating or processing orders.|
|Priority 2||Major Issue: Problem causing a Customer’s Site to experience major problems with its ability to operate. This situation exists when a Customer’s Site is experiencing severe failures, but it is still able to minimally function.|
|Priority 3||Limited Issue: Problem affecting only certain non-critical functions of a Customer’s Site. This situation is occurring when such instance is usable but has certain limited functions.|
|Priority 4||Minor Issue: This situation includes all other non-critical problems. It is present when such instance is usable however the problem results in a minor issue affecting it.|
Initial response times
|Incident Priority||Support Availability||Initial Response Time After Confirmation*|
|Production Site||Other Incidents||Production Site||Other Incidents|
|Priority 1||24 hrs. x 7 days a week||Within 2 hours||Within 2 business days||Within 1 hour||Within 1 business day|
|Priority 2||Local business hours (8:30am to 5pm)||Within 1 business day||Within 2 business days||Within 4 hours||Within 1 business day|
|Priority 3||Within 2 business days||Within 2 business days||Within 1 business day||Within 1 business day|
|Priority 4||Within 5 business days||Within 5 business days||Within 3 business days||Within 3 business days|
*For all incidents submitted online, the incident receipt at Magento will be confirmed via Magento incident management system.
Last Updated: November 20, 2017