This Evato Service Level Agreement ("SLA") is a policy governing the use of products & services of Evato under the terms of the Evato Customer Agreement (the "Evato Agreement") between Evato Technology Private Limited and its affiliates ("Evato", "us" or "we") and users of Evato’ services ("you"). This SLA applies separately to each account using Evato. Unless otherwise provided herein, this SLA is subject to the terms of the Evato Agreement and capitalized terms will have the meaning specified in the Evato Agreement. We reserve the right to change the terms of this SLA in accordance with the Evato Agreement.
Evato will use commercially reasonable efforts to make Evato Offerings available with a Monthly Uptime Percentage (defined below) of at least 99.95% during any monthly billing cycle (the "Service Commitment"). In the event Evato does not meet the Monthly Uptime Percentage commitment, you will be eligible to receive a Service Credit as described below.
- "Monthly Uptime Percentage" for a given Evato Offering is calculated by subtracting from 100% the percentage of 1 minute periods during the monthly billing cycle in which the Evato Offerings was "Unavailable". If you have been running that Evato Offerings for only part of the month, your Evato Offerings is assumed to be 100% available for the portion of the month that it was not running. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Evato SLA Exclusion (defined below).
- "Evato Offerings" means an Original4Sure, Supplytics, UID-LAPP, Desktop Client.
- "Unavailable" means that all connection requests to the running Evato Offerings fail during a 1 minute period.
- A "Service Credit" is a rupee credit, calculated as set forth below, that we may credit back to an eligible account.
Service Credits are calculated as a percentage of the charges paid by you for the Evato Offerings that did not meet the Monthly Uptime Percentage commitment in a billing cycle in accordance with the schedule below.
Monthly Uptime Percentage
Service Credit Percentage
Less than 99.95% but equal to or greater than 99.0%
Less than 99.0%
We will apply any Service Credits only against future Evato payments 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 Evato. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one rupee (₹1). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Evato Agreement, your sole and exclusive remedy for any unavailability or non-performance or other failure by us to provide Evato 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 will need to submit a claim by opening a case in the Evato Support Center. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:
- the words "SLA Credit Request" in the subject line;
- the dates and times of each Unavailability incident you are claiming;
iii. the DB Instance IDs and the Evato Regions of the affected Evato Offerings; and
- your request 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 within one billing cycle following the month in which the request occurred. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.
Evato SLA Exclusions
The Service Commitment does not apply to any unavailability, suspension or termination of Evato Offerings, or any other Evato Offerings performance issues:
(i) that result from a suspension described in Section 6.1 of the Customer Agreement;
(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 Evato;
(iii) that result from any voluntary actions or inactions from you (including but not limited to your employees, vendors, partners etc) or any third party (e.g., rebooting/tampering/handling a database, misconfiguring settings, misconfiguring security groups, credential settings, disabling encryption keys or making the encryption keys inaccessible, etc.);
(iv) that result from you not following the basic operational guidelines described in the Evato User Guide (e.g., overloading a database instance to the point it is inoperable, creating excessively large number of tables that significantly increase the recovery time etc.);
(v) caused by underlying database engine software that lead to repeated database crashes or an inoperable database instance;
(vii) that result in long recovery time due to insufficient IO capacity for your database workload;
(viii) 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); or
(ix) that result from any maintenance as provided for pursuant to the Evato Agreement; or
(x) arising from our suspension and termination of your right to use Evato in accordance with the Evato Agreement (collectively, the "Evato SLA Exclusions").
If availability is impacted by factors other than those explicitly used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.