This SLA sets out the agreed service level for the Subscription Items provided by Cognite on subscription basis as software-as-a-service to the Customer, as specified in the applicable Subscription Order Form ("Service Level").
Capitalized terms used but not defined in this SLA shall have the meaning set out in the Master Subscription Agreement (the "MSA"). This SLA constitutes the Customer's sole and exclusive remedy for any failure by Cognite to meet the Service Level.
Cognite shall make commercially reasonable efforts to ensure an uptime of at least 99.5% of the Subscription Items as agreed in the Subscription Order Form between Cognite and the Customer.
Cognite shall provide reasonable notice prior to maintenance of CDF and/or Cognite Applications.
Cognite has a support service desk ("Service Desk"), which is run by a separate support unit ("Cognite Support"). The Service Desk shall be available 24/7. The Customer's request and Cognite Support's support shall be in English. The Customer shall contact the Service Desk via email (email@example.com), through the portal (support.cognite.com), or in the in-app chat. The Customer shall be responsible for organizing a first-line support team that shall have the sole interface with the Service Desk
Cognite Support shall respond to submitted requests within the below outlined times based on Severity.
A "Major Incident" exists if (i) an error that results in the end-user experiencing significant loss or degradation of CDF or Cognite Business Application that based on an objective assessment is of critical importance to the Customer, and/or (ii) incomplete or misleading documentation that does not enable the Customer to use the software altogether. For a Major Incident, there are no alternative functions or workarounds that can be utilized and therefore, immediate action from Cognite is required.
If a Major Incident has been reported to the Service Desk, Cognite shall provide reasonable efforts to have a workaround in place within 8 business hours.
If the Subscription Items does not meet the required Service Level and the downtime negatively impacts the operations of the Customer, then the Customer shall be entitled to a compensation in the form of service credits as set out in the table below ("Service Credits"). The Service Credits are only applicable for the Subscription Item(s) that are agreed between Cognite and the Customer in the Subscription Order From.
The eligibility of Service Credits shall be determined by the aggregated availability of the delivered Subscription Items.
*The monthly fees are calculated by dividing the total subscription fee with the total number of months the subscription lasts.
In order for the Customer to be entitled to Service Credits under this SLA, the Customer shall submit a request for Service Credits via a standard request form (the "Service Credit Form"). A fully executed Service Credit Form shall be submitted by the Customer to their Cognite Account Manager within 30 days after the end of the month when the Customer experienced the downtime. If the Customer does not submit the Service Credit Form within the required timeframe set out herein, the Customer shall not be entitled to any Service Credits for the experienced downtime. The Service Credit Form shall be provided to the Customer by a designated account manager from Cognite upon request from the Customer.
The maximum aggregate number of Service Credits issued by Cognite to Customer for all downtime in a single month shall not exceed 50% of the amount due from the Customer for the Subscription Item for that applicable month.
This SLA and any applicable Service Levels do not apply to any performance or availability issues:
- Due to factors outside of Cognite’s reasonable control (for example, natural disaster, war, acts of terrorism, riots, government action or Internet Service Provider or Cloud Vendor failures or delays);
- That result from the use of services, hardware, or software not provided by Cognite, including, but not limited to, issues resulting from inadequate bandwidth or related to third-party software or services;
- Caused by the Customer´s use of a Subscription Item after Cognite advised the Customer to modify their use of the Subscription Item, if the Customer did not modify it’s use as advised;
- During or with respect to preview, pre-release, beta or trial versions of a Subscription Item, feature or software;
- That result from the Customer´s unauthorized action or lack of action when required, or from the Customer´s employees, agents, contractors, or vendors, or anyone gaining access to Cognite’s Subscription Item by means of the Customer´s passwords or equipment, or otherwise resulting from the Customer´s failure to follow appropriate security practices;
- That result from the Customer’s failure to adhere to any required configurations, use supported platforms, follow any policies for acceptable use, or the Customer’s use of the Subscription Item in a manner inconsistent with the features and functionality of the Subscription Item (for example, attempts to perform operations that are not supported) or inconsistent with our communicated guidance;
- That result from faulty input, instructions, or arguments;
- That result from the Customer’s attempts to perform operations that exceed prescribed quotas or that resulted from Cognite’s throttling of suspected abusive behavior;
- Due to the Customer’s use of Subscription Item features that are outside of associated support windows; or
- For licenses reserved, but not paid for, at the time of the incident.