AVEVA Service Level Agreement for Wonderware Online and Wonderware SmartGlance (the “SLA”)

AVEVA Service Level Agreement for Wonderware Online and Wonderware SmartGlance (the “SLA”)

During the term of the AVEVA Cloud Services Agreement (the “Agreement”) between AVEVA (“AVEVA”) and Customer for the cloud services described below (the “Services”), the Services will be available at least 99.9% of the time in any calendar month (the “SLA Uptime Commitment”). If AVEVA does not meet the SLA Uptime Commitment then, subject to Customer’s compliance with Section 3 below, Customer will receive a credit towards the cost of future Services as set forth below (the “Service Credit”).

1. Additional Definitions

(a)  “Available Minutes" means the total number of minutes during a calendar month.

(b)  “Downtime” means the total number of minutes during a calendar month that the Services are unavailable to Customer when such unavailability is solely caused by Services errors or other factors within AVEVA’s reasonable control. Downtime does not include Scheduled Downtime (defined below), Emergency Downtime (defined below), network outages, infrastructure outages, unavailability caused by third party or Customer’s hardware or software or unavailability caused by the acts or omissions of Customer or its employees, subcontractors or agents (collectively, “General Unavailability”). For purpose of calculating Downtime, any and all General Unavailability will not be counted.

(c)  “Emergency Downtime” means those times when AVEVA or a third party becomes aware of a security or other vulnerability that AVEVA deems to require immediate remediation and, as a result, the Services are temporarily made unavailable in order for AVEVA to remediate the security or other vulnerability.

(d)  “Scheduled Downtime” means the period of time when the Services are unavailable because of network, hardware or Services maintenance or upgrades. AVEVA typically gives customers advanced notice of Scheduled Downtime at the website located at: https://status.wonderware.com.

(e)  “Services” means the following services: Wonderware Online and/or Wonderware SmartGlance.  

(f)  “Uptime” means the time period during a calendar month in which the Services are available for Customer’s use. In order to determine if AVEVA met the SLA Uptime Commitment for a calendar month, the Uptime percentage will be calculated as follows:

(Available Minutes - Downtime) / Available Minutes * 100

2. Service Credit

The following Service Credits are Customer’s sole and exclusive remedy if AVEVA fails to meet the SLA Uptime Commitment:

(a)  If the calendar month Uptime percentage is above 98% but less than 99.9% then, subject to Customer’s compliance with Section 3 below, Customer will receive a one-time credit of 10% off of a future Customer monthly bill.

(b)  If the calendar month Uptime percentage is above 95% but less than 98% then, subject to Customer’s compliance with Section 3 below, Customer will receive a one-time credit of 20% off of a future Customer monthly bill.

(c)  If the calendar month Uptime percentage is less than 95% then, subject to Customer’s compliance with Section 3 below, Customer will receive a one-time credit of 50% off of a future Customer monthly bill. 50% is the maximum available Service Credit for the failure to meet the SLA Uptime Commitment for any given calendar month.

3. Customer Obligations

In order to receive a Service Credit, Customer must notify AVEVA via email at the following email address within thirty (30) days of the end of the calendar month in which AVEVA failed to meet the SLA Uptime Commitment. The notification must describe such failure in sufficient detail and include dates and times of Downtime in order for AVEVA to confirm such failure. If Customer does not send timely and proper notice as set forth above then Customer waives its right to receive the Service Credit for the calendar month in which AVEVA failed to meet the SLA Uptime Commitment.

AVEVA email address for notification: feedback@aveva.com.