Service Level Agreement ("SLA")
Carbon Black Enterprise Response Cloud is a service that hosts Carbon Black Enterprise Response’s infrastructure and console in the cloud. Carbon Black, Inc. (Carbon Black) builds, deploys and maintains the infrastructure for you.
Carbon Black will use commercially reasonable efforts to make the Carbon Black Enterprise Response Cloud Service available with a Monthly Uptime Percentage (defined below) of at least 99.9%, excluding Carbon Black Exclusions, during any calendar month (the “Service Commitment”). In the event Carbon Black does not meet the Service Commitment, you will be eligible to receive a service credit as described below (“Service Credit”).
This SLA applies separately to each account using the Carbon Black Enterprise Response Cloud. Unless otherwise provided herein, this SLA is subject to the terms of the End User License Agreement or the Master Terms and Conditions as applicable (“Agreement”) and capitalized terms will have the meaning specified in the Agreement. Carbon Black reserves the right to change the terms of this SLA with thirty (30) days written notice to you.
“Monthly Service Fee” is calculated by taking the annual subscription fee and dividing by 12.
“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which Carbon Black Enterprise Response Cloud, as applicable, was in the state of “Unavailable.” Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Carbon Black Exclusion (defined below).
“Unavailable” means when the user interface has no external connectivity.
“Service Credit” is a dollar credit, calculated as set forth herein that we may credit to an eligible account.
“Maintenance Windows” are the scheduled times where Carbon Black Enterprise Response Cloud will be updated or patched as required due to Scheduled or Emergency Maintenance.
“Emergency Maintenance” is the nonscheduled time where Carbon Black Enterprise Response Cloud will be updated in order to fix any major issues that have been discovered.
“System Availability” is the percentage of total time during which the Carbon Black Enterprise Response Cloud Interfaces are available to you, excluding the Scheduled Maintenance, Emergency Maintenance, force majeure events, or acts or omissions of the Customer that cause system downtime.”
“Carbon Black Exclusions” means Scheduled Maintenance, Emergency Maintenance, force majeure events, and services interruptions due to your non-payment or acts or omissions that cause system downtime.
- Maintenance Windows
If there is maintenance that needs to be performed, for which a service interruption is expected, we will alert you one day in advance. The notice will be sent out to users by email. If the maintenance needs to be extended, you will be notified by email.
Scheduled Maintenance Windows
Emergency Maintenance Windows
In the case that there is a serious issue that needs to be fixed immediately, and which downtime is anticipated, Carbon Black will alert you as soon as possible.
- Credit Request and Payment Procedures
To receive a Service Credit, you must submit a claim by opening a case with Carbon Black Support within thirty (30) days after the incident occurred and the claim must include:
- the words “SLA Credit Request” in the subject line; and
- the dates and times of each Unavailability incident that you are claiming;
- 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 validity of such request is confirmed by us, then we will issue the Service Credit. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.
You may use the Service Credits only for future Carbon Black Enterprise Response Cloud payments due from you. Service Credits will not entitle you to any refund or other payment from Carbon Black and cannot be applied towards other Carbon Black product offerings. A Service Credit will be applicable and issued only if the credit amount is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. Service Credits will expire 12 months after issuance. Unless otherwise provided in the Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide Carbon Black Enterprise Response Cloud is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.