Effective: July 27, 2022
This CrashPlan Service Level Agreement (“SLA”) applies whenever it is incorporated by reference into the Master Services Agreement (“Agreement”) between you and CrashPlan Group LLC (“CrashPlan”). This SLA does not apply to the CrashPlan for Small Business offering. Capitalized terms used but not defined in this SLA have the meanings given to them in the Agreement.
1. Service commitment
CrashPlan will provide the CrashPlan Offering with at least 99.9% Availability during each calendar month. If CrashPlan does not meet this commitment, you are eligible to receive a Service Credit as described below.
2. Definitions
2.1 “Availability” means you are able to retrieve files collected and preserved by CrashPlan.
2.2 “CrashPlan Offering” means CrashPlan’s cloud-based storage service for files from endpoint devices.
2.3 “Service Credit” means a dollar credit, calculated as described below, that CrashPlan credits back to an eligible CrashPlan account.
2.4 “Monthly Uptime Percentage” means for any calendar month a percentage calculated as follows:
Total Minutes Available for all Users / (Total Minutes in Month - Scheduled Maintenance) * Number of Users
3. Service credits
Service Credits are a percentage of the fee paid to CrashPlan for the CrashPlan Offering during the calendar month in which CrashPlan did not meet the Availability commitment. If you paid an annual fee or purchased the CrashPlan Offering as part of a suite or bundle of products, CrashPlan will calculate Service Credits based on the pro rata portion of the total fee attributable to the CrashPlan Offering for the applicable month. Service Credit percentages are as follows:
| Monthly Uptime Percentage | Service Credit Percentage |
|---|---|
| Equal to or greater than 99.0% but less than 99.9% | 5% |
| Less than 99.0% | 10% |
CrashPlan will apply Service Credits against your next payment to CrashPlan for the CrashPlan Offering. If your CrashPlan Offering subscription expires without renewal, CrashPlan will promptly issue you a refund for any outstanding Service Credits. Service Credits will not entitle you to any other refund or payment from CrashPlan and may not be transferred or applied to any other account. Service Credits are your sole and exclusive remedy for any unavailability, non-performance, or other failure by CrashPlan to provide the CrashPlan Offering.
4. Credit request and payment procedures
You must request a Service Credit by sending an email to info@crashplan.com with the subject of “Service Credit Request.” You must submit your Service Credit request by the end of the second calendar month following that in which CrashPlan failed to meet the Availability commitment. For example, if an incident occurred on January 1st, you must notify CrashPlan by March 31st.
Your request must include (1) a detailed description of the incident, (2) information regarding the time and duration in which the CrashPlan Offering was not Available, (3) the number and locations of affected Authorized Users, if available, and (4) descriptions of your attempts to resolve the incident at the time of occurrence.
CrashPlan will evaluate your claim using all reasonably available information and make a good faith determination of whether CrashPlan met its Availability commitment. If CrashPlan determines that it did not provide the CrashPlan Offering within the Availability commitment, then CrashPlan will issue the Service Credit during the month following that in which CrashPlan confirmed your request. For example, if CrashPlan confirms on March 15th that it did not meet its Availability commitment, CrashPlan will issue you a Service Credit by April 30th.
5. Service credit exclusions
The Availability commitment does not apply to any unavailability of the CrashPlan Offering that results from: (1) your failure to operate the CrashPlan Offering in accordance with the Documentation; (2) CrashPlan’s scheduled maintenance (details available at https://status.crashplan.com); (3) factors outside of CrashPlan’s reasonable control, including any force majeure event or Internet access or related problems beyond the border router of CrashPlan datacenter; (4) equipment, software or other technology not provided or controlled by CrashPlan; or (5) CrashPlan’s termination or suspension in accordance with the terms of the Agreement.