This Service Level Agreement (“SLA”) supplements and is incorporated into the Master Service Agreement (“MSA”) between Think Smart Group, Inc. (“TSI”) and the Customer. This Addendum sets forth service levels and service credits as the sole and exclusive remedy for Service unavailability. Capitalized terms not defined in this SLA have the meanings given in the MSA and incorporated policies.
1. Availability Targets
1.1 Baseline. For covered production Services (compute virtual machine instances, block storage, object storage, and control plane needed to log in), TSI targets a 99.9% Monthly Uptime Percentage ("MUP").
1.2 Optional Higher Tier. If Customer/ISV deploys across redundant infrastructure/regions expressly offered by TSI and meets documented architecture requirements, TSI may offer a 99.99% MUP tier by written addendum.
2. Measurement & Definitions
2.1 Monthly Uptime Percentage (MUP). MUP = 100% – (Unavailability Minutes ÷ Total Minutes in the Month × 100). Unavailability Minutes accrue when (a) all healthy instances of a covered workload are unable to accept connections, or (b) the control-plane login service is unavailable, each confirmed by TSI telemetry or mutually corroborated evidence.
2.2 Exclusions. Unavailability excludes: scheduled maintenance per the Security Annex; Customer/ISV/End-User connectivity or last-mile issues; third-party software/application failures; credential compromise; quota/rate-limit exceedance; denial-of-service originating outside TSI where upstream providers are the cause; preview/beta features; force majeure; and suspensions under the AUP or MSA.
3. Service Credits (Exclusive Remedy)
If the MUP for a covered Service falls below the target in a calendar month, Customer/ISV may claim the following credits against the monthly fees for the affected Service (capped at 100% per month):
- < 99.9% and ≥ 99.0%: 10% of monthly fees for the affected Service.
- < 99.0% and ≥ 95.0%: 25% of monthly fees for the affected Service.
- < 95.0%: 35% of monthly fees for the affected Service.
Credits are applied to a future invoice and are not refundable or convertible to cash. Credits do not stack across Services; the maximum total credit in a month is 100% of the fees for the affected Service.
4. Claim Process
4.1 Submission Window. Claims must be submitted within thirty (30) days after the end of the billing month in which the event occurred.
4.2 Required Evidence. Claims must include dates, time ranges (PT), affected workloads/end-users, error messages/timeouts, and any relevant logs. TSI will validate with platform telemetry.
4.3 Determination. TSI will confirm eligibility and credit amount in writing. Disputes are handled under the MSA.
5. Maintenance & Coordination
The Security Annex describes maintenance windows. Time spent during announced maintenance windows does not count as Unavailability. TSI coordinates extended work with advance notice when feasible.
6. Changes to this Addendum
TSI may update this SLA from time to time and will provide notice of material changes. Materially adverse changes will not take effect during a then-current Order Form term; they apply upon renewal, unless earlier required by law or to address security, legal, or system‑integrity risks. Updates will not modify commercial pricing or payment terms.
This SLA is accepted and agreed to by Customer as of the Effective Date of the Master Service Agreement into which it is incorporated.