GradeHub’s Service Commitment: 99.9% Uptime

GradeHub will use commercially reasonable efforts to make your GradeHub Services available with a Monthly Uptime Percentage of at least 99.9% during any monthly billing cycle (the “Service Commitment”). Subject to the SLA Exclusions, if we do not meet the Service Commitment, you will be eligible to receive a Service Credit.

A Monthly Uptime Percentage of 99.9% means that we guarantee you will experience no more than 43.5 min/month of Unavailability.

 Definitions

“Maintenance” means scheduled Unavailability of the GradeHub Services, as announced by us prior to the GradeHub Services becoming Unavailable.

“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the GradeHub Services were Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA Exclusion.

“Service Credit” means a credit denominated in US dollars, calculated as set forth below, that we may credit back to an eligible account.

“Unavailable” and “Unavailability” mean, for app services and databases, when your service or database is not running or not reachable due to GradeHub’s fault.

Service Commitments and Service Credits

Service Credits are calculated as a percentage of the total charges due on your GradeHub invoice prorated for a calendar month (a “Month”) in which the Unavailability occurred, applied proportionally to the Services that were Unavailable, in accordance with the schedule below:

For Monthly Uptime Percentage less than 99.9%, you will be eligible for a Service Credit of 5% of the charges attributable to the affected resources

For example, if GradeHub Services are Unavailable for 44 minutes, you would be eligible for a Service Credit for 5% for the prorated Month.

We will apply any Service Credits only against future annual subscription renewal payments for GradeHub Services otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment from GradeHub. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one hundred dollars ($100 USD). Service Credits may not be transferred or applied to any other account.

Sole Remedy

Unless otherwise provided in the Terms, your sole and exclusive remedy for any unavailability, non-performance, or other failures by us to provide the Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

Credit Request and Payment Procedures

To receive a Service Credit, you must submit a claim by emailing help@gradehub.com. To be eligible, the credit request must be received by us thirty (30) days after which the incident occurred and must include:

1. The words “SLA Credit Request” in the subject line;
2. The dates and times of each Unavailability incident that you are claiming;
3. The account handle(s); and
4. The 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 of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you in your upcoming subscription renewal. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.

SLA Exclusions

The Service Commitment does not apply to any Unavailability:

1. That results from a suspension or Remedial Action, as described in the Terms;
2. Caused by factors outside of our reasonable control, including any force majeure event, Internet access, or problems beyond the demarcation point of the GradeHub network;
3. That results from any actions or inactions of you or any third party;
4. That results from the equipment, software or other technology of you or any third party (other than third-party equipment within our direct control);
5. That results from failures of GradeHub Services not attributable to Unavailability;
6. That results from any Maintenance; or
7. Outages due to downtime caused by primary our hosting provider, Amazon Web Services (AWS), which are out of our control. AWS maintains SLA agreements for GradeHub services equal or exceeding the Uptime in this SLA.

If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.