Adopted: November 23, 2023
During the term of the Genesis Cloud Terms of Service (the Agreement), the Covered Service will provide a Monthly Uptime Percentage to the Customer of at least 99.0% (the Service Level Objective or SLO) if Genesis Cloud does not meet the SLO, and if the Customer meets its obligations under this SLA ( the “ SLA” ), the Customer will be eligible to receive the Financial Credits described below. This SLA states Customers' sole and exclusive remedy for any failure by Genesis Cloud to meet the SLO Capitalized terms used in this SLA, but not defined in this SLA, have the meaning outlined in the Agreement.
1. Definitions
The following definitions apply to the SLA:
1.1. Covered Service
This means all paid Services offered by Genesis Cloud, such as dedicated server hosting, managed Kubernetes as well as rendering, machine learning, and transcoding Services.
1.2. Downtime
This means concerning the Covered Service: all requests fail.
1.3. Downtime Period
This means concerning the Covered Service: five consecutive minutes of Downtime Intermittent Downtime for less than five minutes will not be counted towards any Downtime Periods (the “ Downtown Period”) Downtime as part of Scheduled Maintenance will not be counted towards any Downtime Period.
Monthly Uptime Percentage: 95%-< 99.0%
Percentage of monthly bills which does not meet SLO that will be credited to future monthly bills of Customers: 10%
Monthly Uptime Percentage: <95%
Percentage of monthly bills which does not meet SLO that will be credited to future monthly bills of Customers: 20%
1.4. Financial Credit
This means the following for the Covered Service (except as otherwise set forth below).
1.5. Monthly Uptime Percentage
This means total number of minutes in a month, minus the number of minutes of Downtime suffered from all Downtime Periods in a month, divided by the total number of minutes in a month.
1.6. Schedule Maintenance
Is Downtime related to network, hardware, or software maintenance or upgrades Scheduled Maintenance will be performed at Genesis Cloud's discretion.
2. Customer Must Request Financial Credit
To receive any of the Financial Credits described above, the Customer must notify Genesis Cloud technical support within thirty days from the time the Customer becomes eligible to receive a Financial Credit Failure to comply with this requirement will forfeit the Customer's right to receive a Financial Credit.
3. Maximum Financial Credit
The aggregate maximum number of Financial Credits to be issued by Genesis Cloud to the Customer for any Downtime Periods that occur in a single billing month will not exceed 20% of the amount due by the Customer for the applicable Covered Service for the applicable month's Financial Credits will be made in the form of a monetary credit applied to future use of the Covered Service and will be applied within 60 days after the Financial Credit was requested.
4. SLA Exclusions
The SLA does not apply to any (a) features or Services designated Alpha, Beta, Pre-release or similar (unless otherwise outlined in the associated Documentation) (b) features, or Services excluded from the SLA (in the associated Documentation) (c) features or Services that have been deprecated, or (d) errors (i) caused by factors outside of Genesis Cloud's reasonable control (ii) that resulted from Customer's software or hardware or third party software or hardware, or both (iii) that resulted from abuses or other behaviors that violate the Agreement or (iv) that resulted from quotas listed in the Documentation.
