This Humanitec Service Level Agreement ("SLA") applies only in conjunction with the Humanitec Subscription Terms. Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Subscription Terms unless defined otherwise herein.
1. System Availability Options
2. Consequences of Availability Underperformance
2.1. For Customer to be eligible for consideration of any consequences for an Availability breach, Customer must notify Humanitec by either (i) emailing email@example.com or (ii) submitting a support request through the Humanitec request portal at humanitec.com/support (a “SLA Claim”). The SLA Claim must be received by Humanitec within 5 days of the date the Availability breach occurred and must include:
2.1.1. The words “SLA Claim” either (i) in the subject line of the email, or (ii) in the ticket submitted through the request portal;
2.1.2. Describe the incident in detail;
2.1.3. The dates and times for each incident claimed, with such accuracy as can reasonably be determined; and
2.1.4. Reference Humanitec Status Page recording downtime; or
2.1.5. Monitoring logs and supporting evidence corroborating Customer’s claimed outage, with any confidential or personally identifying information removed. Humanitec shall provide monitoring logs to Customer to support credit requests as reasonably requested.
2.2 Humanitec will use log files, database records, audit logs, and any other information available to validate an SLA Claim and make a good faith judgment on the eligibility of such SLA Claim. If the Availability is confirmed by Humanitec to fall outside of the service commitment range for the incidents described in the SLA Claim (a “Valid SLA Claim”), the remedies described below shall apply. Failure to provide the information required above will disqualify Customer from receiving a Service Credit.
2.3. In the event an SLA Claim is denied, Humanitec shall make the information used to validate such SLA Claim available to Customer for thirty (30) Business Days from SLA Claim denial, for auditing by Customer at Customer’s request.
2.4. Customer shall not have any remedies under this clause 2 to the extent any SLA Claim is due to unavailability of the Solution resulting from any Exclusions as defined in clause 1.5 of the Support Terms.
3. Service Commitments
3.1. In case of a valid SLA Claim and the Customer having subscribed to Humanitec Premium Support or Humanitec Premium Plus Support, the Customer is entitled to the following action:t
If (i) Humanitec fails to meet the System Availability as per clause 1 in any two (2) consecutive calendar month period, or (ii) the System Availability falls below 75% in any single calendar month and provided that Customer has fulfilled all of its obligations under the Agreement, then upon Humanitec’s receipt of a Valid SLA Claim, Humanitec will issue a Service Credit in Customer’s next invoice, calculated in accordance with the table below. In any given calendar month, Customer shall in no event be entitled to receive a Service Credit that exceeds 50% of its monthly fee for the affected Humanitec Service.