Service Level Agreement for SiteNinja CMS

SiteNinja CMS is hosted on the Amazon Cloud though a data center known as EngineYard.com.  

Engine Yard Managed Service Level Agreement

Capitalized terms used but not defined herein have the meanings ascribed to them in the Engine Yard Managed Terms of Service that references this Engine Yard Managed Service Level Agreement.

(a) Definitions. (i) “Scheduled Maintenance” means occasional maintenance to add resources, upgrade software, install security patches, etc., to the Engine Yard System. (ii) “Scheduled Service Uptime” means the total minutes of System Availability in a month less time for Scheduled Maintenance and Customer–initiated maintenance. (iii) “Engine Yard System” means Engine Yard’s platform as a service systems used to provide the Services to Customer (including External DNS resolution, Internet connectivity, HTTP load balancing and availability of at least one instance with the Engine Yard technology stack as documented in the then current description at http://www.engineyard.com/products/technology/stack). (iv) “System Availability” means the ability of the Engine Yard System to answer User requests successfully.

(b) System Availability. Engine Yard shall use commercially reasonable efforts to provide at least 99.9% System Availability in any given month (excluding those periods in which Engine Yard is performing Scheduled Maintenance). For purposes of measuring and monitoring System Availability, Customer must specify one or more URLs, which will be monitored by an external service to track System Availability. Customer will use an Engine Yard-supplied tool or API to notify Engine Yard of Customer-initiated maintenance.

(c) Service Credits. In the event that Engine Yard does not meet the minimum monthly service level for System Availability set forth herein, Customer shall be entitled to service credits in accordance with Table A (“Service Credits”), which Service Credits will be applied as a refund to Customer from Engine Yard. A Service Credit may not be transferred or applied to any other Engine Yard account. Customer’s sole and exclusive remedy for any unavailability or other failure by Engine Yard to provide a Service is the receipt of a Service Credit in accordance with the terms of this Agreement. The maximum cumulative credit for any and all applicable Service Credits in a month is 50% of the total recurring fee for that month for the affected Services payable by Customer.

(d) Calculation of Service Credits and Payment Procedures. If Customer believes that it is entitled to a Service Credit, Customer may submit a credit request through Engine Yard’s ticketing system. If Engine Yard determines that Customer is entitled to a Service Credit, then Engine Yard will issue the Service Credit to Customer within one billing cycle.

(e) Service Credit Exclusions. The System Availability service level does not apply to (and no Service Credits are available to Customer as a result of) any unavailability, suspension or termination of a Service (i) caused by factors outside Engine Yard’s reasonable control, including any force majeure event, (ii) that results from actions or inactions of Customer or any contractor or third party acting on behalf of Customer, or (iii) that results from the Customer Application or other non-Engine Yard equipment, software or technology (other than third party equipment within Engine Yard’s direct control), (iv) Scheduled Maintenance, or (v) that results from a suspension or termination of Customer’s right to use a Service in accordance with the terms of the Engine Yard Managed Terms of Service.

(f) Scheduled Maintenance. Scheduled Maintenance typically occurs during the period of lowest anticipated system usage, which is generally between 12:00 a.m. and 5:00 a.m. U.S. Pacific Time on Sunday. During Scheduled Maintenance, certain components of the Engine Yard System may be offline, or may be operating in less redundant modes, or may be operating at reduced capacity levels, while maintenance is performed. Engine Yard will use commercially reasonable efforts to notify Customer via email of Scheduled Maintenance at least 24 hours in advance.

Table A – Service Credits