Qubole will provide at least 99.9% of System Availability for the Qubole Data Service platform in a given calendar month.
Service Level Definitions
“System Availability” means the Scheduled Service Uptime, minus the number of minutes from all Downtime Periods in a month, divided by the Scheduled Service Uptime in a month.*
“Downtime” means the period of time in minutes where the Qubole service is unavailable as measured by Qubole-provided service monitoring. Downtime does not include (i) Scheduled Maintenance or (ii) Exclusions.
“Downtime Period” means a period of five (5) consecutive minutes of Downtime. Intermittent Downtime for a period of less than five (5) minutes will not be counted towards any Downtime Periods.
“Scheduled Service Uptime”: the total amount of minutes in a month minus (i) the amount of time used for Scheduled or Emergency Maintenance or any maintenance initiated by Customer, and (ii) any Exclusions.
“Scheduled Maintenance” means the period of time in minutes of unavailability of the Qubole Service which is used to conduct service maintenance activities. Scheduled maintenance excludes normal operating maintenance activities which do not incur service downtime which affects Customer.
“Emergency Maintenance” means the period of time in minutes of unavailability of the Qubole Service which is used to conduct maintenance activities which cannot be planned and may be used to address a security issue, prevent Service disruption, prevent data corruption, or comply with legislative requirements.
“Exclusions” means any unavailability, suspension or termination of the Qubole Service (i) caused by factors outside Qubole’s reasonable control, including any force majeure event, (ii) services which are in a pre-release, alpha or beta state, (iii) that results from actions or inactions of Customer or any third party acting on behalf of Customer, including any decision to run Qubole workloads on unsupported, incompatible or deprecated versions of Qubole software (iv) that results from non-Qubole owned or provided equipment, software or technology (other than third party equipment within Qubole’s direct control), (v) that results from a suspension or termination of Customer’s right to use a Service in accordance with the terms of the MSA or (vi) are part of Emergency Maintenance.
“MSA” means the Master Service Agreement entered into between Qubole and Customer.
Capitalized terms not otherwise defined herein shall have the same meaning as set forth in the MSA.
Root Cause Analysis
In the event of a significant service unavailability event for the Qubole Data Service platform, Qubole may conduct a root cause analysis describing the reasons for the failure and corrective actions to improve service uptime. In such event, upon request by Customer Qubole will deliver a written report concerning its findings unless such a report is deemed to have primarily Qubole proprietary content. The content of the report and delivery timeframe shall be at Qubole’s sole discretion.
Qubole Maintenance Policy
In order to operate in a reliable, efficient and secure manner, the Qubole Data Service requires routine maintenance and upgrades. The below are Qubole’s policy regarding offline periods where the maintenance activities might be performed.
The System Availability commitment set forth in this Service Level Agreement is conditioned on Customer’s implementation of the latest Update to the Service.
For all scheduled maintenance activities, Qubole will use commercially reasonable efforts to avoid or minimize downtime. Scheduled maintenance activities for all production environments will typically occur during a period of time which is considered generally out of normal business hours for the Qubole environment. Qubole will use commercially reasonable efforts to notify Customer about these activities at least five (5) business days in advance via its email subscription notification service at https://status.qubole.com. The maximum unavailability from scheduled maintenance in a one month period shall not exceed two (2) hours. Any scheduled maintenance unavailability exceeding two (2) hours in one month shall be counted towards Downtime.
In circumstances that require immediate attention, Qubole may perform Emergency Maintenance. This service-affecting maintenance by its nature is not scheduled. Although Qubole will make commercially reasonable efforts to notify Customer about the maintenance via its email subscription notification service at https://status.qubole.com, Qubole reserves the right to perform Emergency Maintenance without prior notice to Customer.
In the event that Qubole does not achieve at least 99.9% of System Availability in a given month, paid Customers in good standing will be entitled to the following service credits (the “Service Credits”):
|System Availability||Service Credit|
|99% – 99.9%||10% of (i) total monthly charges paid for an On-Demand Customer or (ii) prorated charges deemed to be paid by a prepaid Customer based on Service Unit usage for the month in which the Downtime occurred.|
|Less than 99%||25% of (i) total monthly charges paid for an On-Demand Customer or (ii) prorated charges deemed to be paid by a prepaid Customer based on Service Unit usage for the month in which the Downtime occurred.|
Qubole shall apply Service Credits against Customer’s future consumption of Service Units and User Licenses during the applicable Subscription Term. To receive a Service Credit, Customer must provide written notice to Qubole of the purported failure within five (5) days following the end of the applicable month via Qubole’s approved incident submittal method. A Service Credit may not be transferred or applied to any other Qubole account. If Qubole determines that Customer is entitled to a Service Credit, then Qubole will issue the Service Credit to Customer within one billing cycle. Notwithstanding anything to the contrary in the MSA, the forgoing Service Credits shall be Customer’s sole and exclusive remedy arising from or relating to any failure of Qubole to meet the System Availability set forth above.
* By way of example only, in the month of September, there are a total of 720 calendar hours. If there is 1 hour of Scheduled Maintenance, then the total schedule service uptime will be 719 hours. If the Qubole service incurred 1 hour of downtime outside of Scheduled Maintenance, the System Availability would be 718 hours divided by 719 hours = 99.86%