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Service Level Agreement

This Service Level Agreement (“SLA”) between Tradecloud B.V. (“Tradecloud”“us” or “we”) and users of the Aptible Services (“you”) governs the use of the Services under the provisions of the terms (the “Terms”).

Unless otherwise provided herein, this SLA is subject to the provisions of the Terms.

This SLA applies separately to each of your Tradecloud Environments, as defined in the Terms. This SLA does not apply to Shared Environments or Aptible Comply.

1. Tradecloud Service Commitment: 99.95% Uptime

Tradecloud will use commercially reasonable efforts to make your Services running available with a Monthly Uptime Percentage of at least 99.95% (during business hours, excl. planned maintenance) during any monthly billing cycle (the “Service Commitment”). Subject to the SLA Exclusions, if we do not meet the Service Commitment, you will be eligible to receive a Service Credit.

2. Definitions

“Maintenance” means scheduled Unavailability of the Services, as announced by us prior to the Services becoming Unavailable.

“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the Services were Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA Exclusion.

“Service Credit” means a credit denominated in Euro’s, calculated as set forth below, that we may credit back to an eligible account.

“Unavailable” and “Unavailability” mean, for app services and databases, when your service or database is not running or not reachable due to Tradecloud’s fault. This excludes (a) containers that are unreachable or not running because the container’s provisioned resources (RAM, CPU, disk, as applicable) are insufficient; and (b) members of a database cluster where the cluster as a whole is running and reachable.

3. SLA Exclusions

The Service Commitment does not apply to any Unavailability:

  1. That results from a suspension or Remedial Action, as described in the Terms;
  2. Caused by factors outside of our reasonable control, including any force majeure event, Internet access, or problems beyond the demarcation point of the Tradecloud network;
  3. That results from any actions or inactions of you or any third party;
  4. That results from the equipment, software or other technology of you or any third party (other than third party equipment within our direct control);
  5. That results from failures of Services not attributable to Unavailability; or
  6. That results from any Maintenance.

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.