Service Level Agreement
1.1. “Maintenance” means scheduled Unavailability of the Application Services. Maintenance will be no greater than an average of four (4) hours per month or a maximum of forty-eight hours (48) per year and will not exceed seven (7) hours in any calendar month.
1.2. “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the Application Services is Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Benchling SLA Exclusion, set forth in Section 5 of this SLA.
1.3. “Unavailable” and “Unavailability” means that the Application Services has no external connectivity during a ten (10) consecutive minute period and Customer attempts but is unable to access data by means of the Application Services during that same time period. Under no circumstances will the Application Services be considered Unavailable if test packets directed by Benchling or its designee to the primary servers hosting the Application Services indicate that it is functional as reflected in Benchling server logs.
1.4. “Defect” means a failure of the Application Services to perform substantially in accordance with the Documentation.
1.5. “Critical Defect” means any demonstrable Defect in the Application Services that: (a) causes the Application Services to have a significant loss of utility of intended function; (b) causes or is likely to cause data to be lost or destroyed; or (c) prevents the Application Services from being accessed by Customer.
1.6. “Medium Defect” means any demonstrable Defect in the Application Services that causes the Application Services to operate improperly, but which error does not rise to the level of a Critical Defect.
1.7. “Low Defect” means any demonstrable Defect that: (a) causes a function to not execute as documented without a significant loss of utility of intended functionality; or (b) disables one or more nonessential functions.
2. Availability Commitment. Benchling will make the Application Services available with a Monthly Uptime Percentage of at least 99.5% during any monthly billing cycle (the “Availability Commitment”). A Monthly Uptime Percentage of 99.5% means that Customer experiences no more than 219 minutes per month of Unavailability.
3. Storage. Benchling will provide storage for up to 1TB of Customer Data. Any overages will be billed to Customer, at-cost, as published by Amazon Web Services for S3 storage on Amazon’s Website at https://aws.amazon.com/s3/pricing/.
4. Benchling SLA Obligations.
4.1. Benchling shall use commercially reasonable efforts to correct all Defects and install enhancements as reasonably necessary to operate the Application Services. Defects will be reported by Customer and categorized by Benchling as Critical Defects, Medium Defects or Low Defects.
4.2. Benchling will provide Customer with a designated outage phone number. During Business Hours, Critical Defects may be reported through the outage number or by email. Outside of Business Hours, a Critical Defect must be reported through the outage number.
5. Benchling SLA Exclusions. The Availability Commitment does not apply to any Unavailability or inaccessibility of the Application Services, or any other Application Services performance issues (“Benchling SLA Exclusions”):
5.1. that result from Maintenance of which Benchling has provided a minimum seventy-two (72) hours’ notice to the designated administrative contact for Customer account;
5.2. caused by factors outside of Benchling’s reasonable control including, but not limited to, a force majeure event, Internet access failure, or problems beyond the demarcation point of the Benchling network;
5.3. that result from any actions or inactions of Customer or any third party not authorized by Benchling;
5.4. that result from the equipment, software, or other technology of Customer or any third party (other than third party equipment within Benchling’s direct control); or
5.5. arising from the suspension or termination of Customer’s right to use the Application Services in accordance with the Agreement.