Bright Funds Lite Service Level Agreement
Date Posted: November 11, 2019
- This Bright Funds Service Level Agreement (“SLA”) accompanies the Bright Funds Lite Subscription Agreement available at subscription agreement (the “Agreement”) entered into between you (“Customer”) and Bright Funds. Capitalized terms used in this SLA not defined herein have the meanings given to them in the Agreement.
- Target Uptime. Bright Funds will use commercially reasonable efforts to ensure that Services are made available with an uptime of 99.5% of each calendar month (“Target Uptime”).
- Exclusions. The calculation of uptime will not include unavailability to the extent due to: (a) Customer’s acts, omissions, or misuse of the Services, including violations of this Agreement; (b) general internet problems, force majeure events, or other factors outside of Bright Funds’ reasonable control; (c) Customer’s equipment, software, or other infrastructure; (d) third party systems, acts, or omissions; (e) an interruption of the Services due to a significant threat to the normal operation of the Services, the Bright Funds facilities or access to or integrity of the Company content and data, including a hacker or virus attack; or (f) Scheduled Maintenance.
- Scheduled Maintenance. “Scheduled Maintenance” means maintenance or updates to the Services, which have been scheduled in advance, during which the Services may be inaccessible to End Users. Bright Funds will use all commercially reasonable efforts to conduct any scheduled maintenance outside of normal business hours (8:00am-6:00pm PST Monday-Friday, U.S. Federal holidays excluded).
- Remedy for Failure to Meet Target Uptime. If the uptime percentage of the Services drops below its 99.5% Target Uptime, Customer may receive a credit to be applied to Customer’s next payment of fees (“Service Credits”). Service Credits will be awarded in increments equal to one (1) day of fees pursuant to the terms of the applicable Order Form and the Agreement entered into by Bright Funds and Customer. Service Credits may only be granted upon written request to Bright Funds no later than thirty (30) days after the last day of the month during which the Target Uptime was not achieved. Upon such request, if the Target Uptime is less than 99.5%, five (5) Service Credits will be awarded to Customer; if Target Uptime is less than 99%, ten (10) Service credits will be awarded to Customer. If Customer is awarded more than fifteen (15) Service Credits in a 90-day period, Customer may, notwithstanding anything contrary in the Agreement, terminate the Agreement immediately for cause by providing written notice to Bright Funds and will be entitled to a refund of any prepaid fees covering the period from the date of termination through the end of the Subscription Term. The remedies outlined in this SLA are Customer’s sole remedies for any failure by Bright Funds to meet its Target Uptime obligations.