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PagerDuty to acquire Jeli

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Standard Service Level Agreement

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Last Updated: August 30, 2018

We’ve updated our Service Level Agreement and these new terms will be effective and applicable for subscriptions purchased on or after August 30, 2018 via PagerDuty’s website or via a new Order Form (i.e. an Order Form that does not co-terminate with another Order Form). For existing Customers, this SLA will be applicable to any usage of or access to the Service during a Term that begins or renews in full on or after September 30, 2018. If your current Term is still in effect or renews prior to September 30, 2018, the previous Service Level Agreement you agreed to is still applicable and can be viewed here. This PagerDuty Service Level Agreement (“SLA”) applies to your use of the PagerDuty Service and is governed by the PagerDuty Terms of Service (the “TOS”). The SLA applies separately to each account using the PagerDuty Service and it does not apply if you are a subscriber to the Lite or Basic subscription plans. Except where we specifically state something different in this SLA, this SLA is subject to the terms of the TOS and you can look to the TOS to define capitalized terms. PagerDuty reserves the right to change the terms of this SLA in accordance with the TOS.
  1. Definitions.
    1. “Contact Information” means the names, email addresses, and telephone numbers of Recipients.
    2. “Delivery Service” means a third-party service provider used to send notifications to a Recipient, for example a telephone service (e.g., Verizon, AT&T), push notification provider (e.g., Google, Apple), SMS provider, or email provider.
    3. “First Responder Alert” means the notification to the Recipient assigned to review an initial alert for a new Incident, provided that such notification must have been designated as High Urgency within the PagerDuty Service.
    4. “Incident” means an event that triggers the Service to alert a Recipient using the Contact Information. In order for the Service to recognize and respond to Incidents, Customer must configure the Service and supply the Contact Information in accordance with the Documentation to recognize and respond to Incidents.
    5. “PagerDuty Service” means PagerDuty’s cloud-based incident response platform and related software cloud products purchased by the Customer.  Any products that are excluded from this SLA or where this SLA is modified will be specifically noted in the TOS or any applicable Product Specific Terms and Conditions found here.
    6. “Recipient(s)” means the individuals allowed to access the PagerDuty Service and designated by the Customer to receive notifications from the PagerDuty Service.
  1. Service Commitment.
    1. PagerDuty will use commercially reasonable efforts to meet the following service level commitments for the stated functions from the PagerDuty Service:
      1. Notification Delivery SLA: Once an Incident is triggered, PagerDuty will deliver the First Responder Alert within the Notification Delivery Period for 99.9% of the notifications sent by PagerDuty for the Customer during any calendar month.  The “Notification Delivery Period” is five (5) minutes and it is measured as the time it takes PagerDuty to deliver a First Responder Alert to telecommunication providers in accordance with the Service configuration and Contact Information.  More specifically, the Notification Delivery Period begins at the time PagerDuty receives the trigger event notification to the time PagerDuty’s internal logs show that the PagerDuty Service sent an Alert to the designated Delivery Service(s), less the delay time (if any) specified in the Service configuration.  The Notification Delivery SLA applies only to PagerDuty Services that are required to deliver First Responder Alerts.
      2. Web Application SLA: PagerDuty's ability to provide basic acknowledgement and resolution functionality via our web application will be available 99.9% of the time during any calendar month.
    2. PagerDuty is not responsible for failures caused by factors not in PagerDuty’s control including but not limited to failures caused by:
      1. Problems beyond or outside of the PagerDuty Service including (i) Customer’s own telecommunications, Delivery Service or internet service providers, email domain server availability or mobile push notification providers; (ii) a Force Majeure Event; or (iii) intentional or accidental filtering of network traffic by national governments, carriers or regulatory bodies.  “Force Majeure Event” means (i) compliance with any act, order, demand or request of any government, governmental authority, or government agency; (ii) labor disputes, work stoppages or slowdowns of any kind; (iii) fires or hurricane, earthquake, flood and other natural disasters or fires; (iv) war, rebellion, act of terrorism, or civil disorder; (v) systemic internet issues or any other act or omission of any telecommunication or services provider; (vi) any other cause beyond PagerDuty’s reasonable control.
      2. Issues that arise from PagerDuty’s suspension or termination of Customer’s right to use the Service as allowed or required by the TOS, Acceptable Use Policy, government or court orders, or other agreements.
  2. Customer Responsibilities.  Customer will (i) configure and use the Service correctly in accordance with the Documentation; (ii) follow proper procedure in communicating the Incident to PagerDuty; and (iii) maintain and update all Contact Information.  PagerDuty’s ability to meet its obligations in this SLA are dependent upon Customer performing its responsibilities.
  3. Service Credits.
    1. If PagerDuty fails to meet the SLA set forth herein, Customer may receive a service credit. Customer will be eligible for a credit toward future fees owed to PagerDuty for the PagerDuty Service.  The Service Credit is calculated as ten percent (10%) of the fees paid for or attributable to the month when the alleged SLA breach occurred.
    2. Service Credits are subject to the following:
      1. Customer must submit a written Service Credit request to PagerDuty via servicecreditrequest@pagerduty.com within fifteen (15) days of occurrence of the alleged SLA breach.  Customer must include reasonable evidence that they were affected by the alleged SLA breach.
      2. *Service Credits are not cumulative, that is, there shall only be a single Service Credits given for all Delivery Failures with a single cause.
      3. Service Credits are capped at a maximum of thirty percent (30%) of total fees paid for or attributable to the calendar month when the alleged SLA breach occurred.
      4. Customers who are past due on any payments owed to PagerDuty are not eligible to receive Service Credits.
      5. Service Credits cannot be exchanged for cash. Service Credits don’t entitle customer to a refund or any other payment from PagerDuty.
    3. THIS SERVICE LEVEL AGREEMENT SETS FORTH CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OF SERVICE AVAILABILITY OR NON-PERFORMANCE OR FAILURE TO CONTACT THE DESIGNATED PERSONNEL.

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