Service Level Agreement
Service Level Agreement
AgencyVA will use commercially reasonable efforts to maximize the availability of AgencyVA AVA service, and provide performance standards as detailed below. This Service Level Agreement (“SLA”) applies only to the AgencyVA AVA service, and does not apply to any other product offered by AgencyVA. AgencyVA will provide at least 90 days’ advance notice for changes to this SLA in writing.
If AgencyVA does not achieve and maintain the Monthly Uptime Percentages set forth in the table below, then Customer will be eligible for a Service Credit. Note, Downtime may not affect every customer at the same time or in the same way.
| Monthly Uptime Percentage | Service Credit |
| < 99.8% | 5% |
| < 99.5% | 10% |
| < 99.0% | 25% |
Definitions for SLA
- As used herein, “month” refers to a calendar month.
- “Applicable Monthly Service Fees” means the total fees paid by Customer for a use of the AgencyVA AVA service during the month in which Downtime occurred.
- “Downtime” is calculated on a monthly basis and is the total number of minutes during the month that the entire AgencyVA AVA service was unavailable. Downtime does not include partial minutes of unavailability or scheduled downtime for maintenance and upgrades.
- “Monthly Uptime Percentage” is calculated on a monthly basis and is calculated as:
((total minutes in month – Downtime)/total minutes in month) * 100 - “Service Credit” is the percentage of the Applicable Monthly Service Fees to be credited to Customer if AgencyVA approves Customer’s claim, as set forth in the table above.
Customer Obligations
To be eligible for a Service Credit:
- Customer must log a support ticket with AgencyVA within 24 hours of first becoming aware of an event that impacts service availability.
- Customer must submit Customer’s claim and all required information by the end of the month immediately following the month in which the Downtime occurred.
- Customer must include all information necessary for AgencyVA to validate Customer’s claim, including:
- a detailed description of the events resulting in Downtime, including Customer’s request logs that document the errors and corroborate Customer’s claimed outage (with any confidential or sensitive information in the logs removed or replaced with asterisks);
- information regarding the time and duration of the Downtime;
- the number and location(s) of affected users (if applicable); and
- descriptions of Customer’s attempts to resolve the Downtime at the time of occurrence.
- Customer must reasonably assist AgencyVA in investigating the cause of the Downtime and processing Customer’s claim.
Service Credits
AgencyVA will process claims within 45 days of receipt. If AgencyVA determine that Customer have satisfied the customer obligations above and that none of the below exclusions apply to Customer’s claim, AgencyVA will grant Customer a Service Credit.
AgencyVA will apply any Service Credit to a future invoice or payment for the AgencyVA AVA service account that experienced the Downtime. Service Credits will not be applied to fees for any other AgencyVA products or services. Service Credits require Customer to have paid any outstanding invoices, and expire upon termination of Customer’s agreement with AgencyVA AVA.
Service Credits are Customer’s sole and exclusive remedy for any failure by AgencyVA to meet any obligations in this SLA.
Exclusions
Downtime does not include, and Customer will not be eligible for a Service Credit for, any performance or availability issue that results from:
- Factors outside of AgencyVA’s reasonable control, such as natural disaster, war, acts of terrorism, riots, government action, force majeure,
- Failure of Customer’s internet or equipment, including malware.
- Customer’s or any third party’s (a) improper use or configuration of AgencyVA services, or (b) failure to follow appropriate security practices.