Cogniss Platform Service Level Agreement
29 September 2022
This Cogniss Platform Service Level Agreement (“SLA”) is a policy governing the use of the Cogniss Platform-as-a-Service (CPaas) and applies separately to each account that uses the CPaaS. This SLA applies specifically to the CPaaS provided by Cogniss Pty Ltd (“us” or “we”) to its users (“you” or “customer”) that is hosted on Amazon Web Services (AWS). In the event of a conflict between the terms of this SLA and the terms of any other part of an agreement governing your use of our Services, the terms and conditions of this SLA apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the SLA.
This SLA may be amended from time to time to reflect evolving industry standards. The latest SLA will always be available on this webpage (https://www.cogniss.com/sla).
1. General Service Commitment
Cogniss Pty Ltd will use commercially reasonable efforts to make the CPaaS available with a Monthly Uptime Percentage of at least 99.9%, in each case during any monthly billing cycle (the “Service Commitment”). In the event the CPaaS does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.
1.1 Response times
The table below outlines our response times based on severity level of the issue.
2. AWS Service Commitment
Cogniss Pty Ltd receives service commitments from Amazon Web Services on the underlying platform services used by Cogniss Pty Ltd to provide the Cogniss Platform. These can be viewed on the Amazon Web Services website.
3. Service Credits
Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments such as upfront payments made for Reserved Instances or payments made that cover the costs of development of new features or solutions) for CPaaS usage during the monthly billing cycle in which the Unavailability occurred in accordance with the schedule below:
We will apply any Service Credits only against future payments for the applicable CPaaS otherwise due from you. Service Credits will not entitle you to any refund or other payment from Cogniss Pty Ltd or related entities. Service Credits may not be transferred or applied to any other account.
4. Credit Request and Payment Procedures
To receive a Service Credit, you must submit a claim to Cogniss Pty Ltd by emailing accounts@cogniss.com.au. To be eligible, the credit request must be received by us by the end of the month after which the incident occurred and must include:
1. the words “SLA Credit Request” in the subject line;
2. the dates and times that you are claiming;
3. your request logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).
If the Monthly Uptime Percentage of such a request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit. Unless otherwise provided in the Agreement, this SLA sets forth your sole and exclusive remedies, and Cogniss Pty Ltd’s sole and exclusive obligations, for any unavailability, non-performance, or other failures by us to provide the CPaaS.
5. Cogniss Platform SLA Exclusions
The Service Commitment does not apply to any unavailability, suspension, or termination of the CPaaS, or any other CPaaS performance issues: (i) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of the applicable CPaaS; (ii) that result from any actions or inactions of you or any third party, including failure to acknowledge a recovery volume; (iii) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); or (iv) arising from our suspension or termination of your right to use the applicable CPaaS in accordance with the Agreement (collectively, the “Cogniss Platform SLA Exclusions”). If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.
Where the General Service Commitment cannot be met due to Amazon Web Services not meeting its service level obligations to Cogniss Pty Ltd, any related AWS Service Credits (credits issued to Cogniss Pty Ltd by Amazon Web Services) will be passed on as Service Credits to the customer in proportion to the percentage of the AWS Service Credits relating to the customer’s Cogniss instance. This will be the limit of the obligations of Cogniss Pty Ltd to the customer in relation to not meeting the General Service Commitment due to a failure of Amazon Web Services.
6. Definitions
6.1 “Hourly Uptime Percentage” is calculated by subtracting from 100% the percentage of deployed minutes during any clock hour in which the CPaaS was in a state of Unavailability. Hourly Uptime Percentage measurements exclude Unavailability resulting directly or indirectly from any Cogniss Platform SLA Exclusion.
6.2 “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the CPaaS was in the state of Unavailability. Monthly Uptime Percentage measurements exclude Unavailability resulting directly or indirectly from any Cogniss Platform SLA Exclusion.
6.3 A “Service Credit” is a dollar credit calculated as set forth above, that we may credit back to an eligible account.
6.4 “AWS Service Credit” is a dollar credit issued by Amazon Web Services to Cogniss Pty Ltd.
6.5 “Unavailable” and “Unavailability” is when the CPaaS has no external connectivity.