Service Level Agreement

Last modified: February 29, 2015.

This Service Level Agreement (“SLA”) is a policy governing the use of Griffin MAS under the terms of the Griffin MAS  Terms & Conditions and Acceptable Use Policy as agreed to by MAS customers ("you"). This SLA applies separately to each account's configuration using Griffin MAS. Unless otherwise provided herein, this SLA is subject to the terms of the Griffin MAS Terms & Conditions and Acceptable Use Policy and capitalized terms will have the meaning specified in the aforementioned policies. We reserve the right to change the terms of this SLA in accordance with the Griffin MAS Terms & Conditions and Acceptable Use Policy.

Service Commitment

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

Definitions

  • “Error Rate” means: (i) the total number of internal server errors returned by Griffin MAS divided by (ii) the total number of requests during that five minute period. We will calculate the Error Rate for each Griffin MAS configuration as a percentage for each five 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 SLA Exclusions (as defined below).
  • “Monthly Uptime Percentage” is calculated by subtracting from 100% the average of the Error Rates from each five minute period in the monthly billing cycle.
  • An “Invoice Credit” is a US dollar credit (for customers whose Griffin MAS account is registered outside Taiwan) or New Taiwan Dollar credit (for customers whose Griffin MAS account is registered in Taiwan), calculated as set forth below, that we may credit back to an eligible account.

INVOICE CREDITS

Invoice Credits are calculated as a percentage of the total charges paid by you for Griffin MAS for the billing cycle in which the error occurred in accordance with the schedule below.

Monthly Uptime Percentage Invoice Credit Percentage
Equal to or greater than 99% but less than 99.9% 10%
less than 99% 25%

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

SLA EXLUSIONS

The Service Commitment does not apply to any unavailability, suspension or termination of Griffin MAS, or any other Griffin MAS performance issues: (i) that result from a suspension described in the Griffin MAS Terms & Conditions; (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 Griffin MAS; (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 Griffin MAS in accordance with the Griffin MAS Terms & Conditions and Acceptable Use Policy; (vi) that result from exceeding usage limits or technical limitations as stated in the Griffin MAS documentation; or (vii) that result from use of an origin server not provisioned by Griffin MAS (collectively, the “SLA Exclusions”). If availability is impacted by factors other than those used in our calculation of the Error Rate, then we may issue an Invoice Credit considering such factors at our discretion.

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