MailArchiva Cloud Service Level Agreement

This Service Level Agreement (“SLA”) between Stimulus Software (“StimulusSoft”) and you (“you”) sets forth the service level terms and conditions with respect to the cloud-based archiving and discovery services offered by Stimulus Software, currently via http://www.archiva.com (the “MailArchiva Cloud Service”).

Introduction

Stimulus Software is committed to making the MailArchiva Cloud Service easy to access and to use and to providing you with a high standard of service. This SLA formally sets forth Stimulus Software’s commitment to ensure 99.95% uptime of the MailArchiva Cloud Service.

Availability

For as long as you are subscribed to the MailArchiva Cloud Service in accordance with the Terms of Use, Stimulus Software will endeavor to ensure that the MailArchiva Cloud Service will be available and operational at an annual Uptime Percentage of at least 99.95%, as measured over any calendar month (the “Service Level Objective”).

If the MailArchiva Cloud fails to meet the Uptime Percentage in any calendar month, and as long as you have met your obligations under the Terms of Use, you may notify MailArchiva Cloud of such failure by sending an email to MailArchiva Cloud at support@mailarchiva.com, and Stimulus Software will provide you with a Service Credit. The Service Credit is your sole and exclusive remedy for a failure by Stimulus Software to meet the Service Level Objective.

SLA Exclusions

The SLA does not apply to any services that expressly exclude this SLA (as stated in the documentation for such services) or to Downtime resulting from:

• Google Compute outage or other even causes beyond MailArchiva Cloud’s reasonable control, including force majeure events; or
• Your or any third party’s equipment, services, actions or lack thereof.
• MailArchiva Cloud scheduled maintenance and version upgrades.
   

Definitions

• “Downtime” means the total number of minutes in a calendar month during which the MailArchiva Cloud Service are unavailable or inoperable.
• “Monthly Uptime Percentage” means the total number of minutes in a calendar month minus Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month.
• “Service Credit” means a credit calculated as the difference between the Service Level Objective and the Monthly Uptime Percentage, multiplied by the monthly fee payable by you to Stimulus Software for the applicable month in accordance with the Terms of Service.
• “Terms of Service” means the MailArchiva Cloud Terms of Service.