Cloud Hosting Service Level Agreement

This Service Level Agreement (SLA) is a policy that governs Campfire’s commitments for cloud hosting services.

In the event of a conflict between the terms of this SLA and the terms of Master Software License and Services Agreement or other agreements with us, the terms and conditions of this SLA apply, but only to the extent of such conflict.

1. Uptime

• • Campfire will use commercially reasonable efforts to make cloud hosting available for each server instance with a monthly Uptime Percentage of at least 99.5%. In the event Campfire cloud hosting does not meet the SLA, you will be eligible to receive a Service Credit as described below:

  • Uptime Percentage | Service Credit Percentage

    • Less than 99.5% but > or = 99.0% | 5%

    • Less than 99.0% but > or = 95.0% | 25%

    • Less than 95.0% | 75%

2. Credits

• We will apply any Service Credits only against future payments due from you for Campfire software or services provided. The ability to be granted such Service Credits shall be the sole and exclusive remedy for any failure to satisfy the Uptime Percentage.

• The Service Credit amount will be calculated as monthly percentage of the annual cloud hosting charged fee according to the Uptime Percentage table above. For example, a $48k per year cloud hosting contract with a June monthly Uptime Percentage of 96% would be eligible for a Service Credit of $1.0k ($48k / 12 months * 25% Service Credit Percentage).  The Service Credit amount is limited to the monthly cost of cloud hosting for the months when uptime was below the thresholds set in this document.

• Request for credit must be received in writing by Campfire within 30 days of the reported service level uptime shortfall, include the dates and times of incident, and include screenshots or other evidence of the cloud hosting downtime.

• Campfire reserves the right to verify the reported incident or dispute the Service Credit request.

3. Monitoring and Backups

• • Campfire will provide 24/7 cloud hosting monitoring and support which includes IT resources for problem identification and troubleshooting of urgent issues.

  • Campfire will perform and maintain regular backups of data in the Campfire customer environment, according to a minimum of:

    • Daily (2 days retention)

    • Weekly (28 days retention), and

    • Monthly (12 months retention)

4. Exclusions

• Force Majeure. Campfire shall not be liable for any cloud hosting Unavailability resulting from circumstances or causes beyond our or our suppliers’ reasonable control and without our or our suppliers’ fault or negligence, including, without limitation, fire or other casualty, act of God, strike or labor dispute, war or other violence, or any law, order or requirement of any governmental agency or authority.

• Breach of terms. Campfire will not be liable for providing a service credit if you are in breach of the Master Software License and Services Agreement or other generally agreed terms.

5. Definitions

• • “Service Credit” is a dollar amount that will be credited back to the customer as an offset of a future payment due to Campfire.

  • “Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the cloud hosting server was Unavailable, except for Unavailability due to updates, maintenance or force majeure.

  • “Unavailable” or “Unavailability” means the Campfire cloud hosting server environment has no external connectivity.