Service-Level Agreement (SLA)
This SLA only applies to your account if you have selected the 99.95% Guaranteed Uptime (SLA) Pro Feature in your Planio plan. To benefit from the provisions of the SLA, please make sure that you have purchased the “99.95% Guaranteed Uptime (SLA)” Pro Feature.
§ 0 Preamble and Applicability
If the Customer has contracted or is using more than one Planio Instances, the applicability of this SLA shall be evaluated separately and with regards to each of the Customer’s Planio Instances, as defined in the Terms, and under the conditions outlined above.
Unless otherwise provided herein, this SLA is subject to the provisions of the Terms.
§ 1 Service Commitment: 99.95% Uptime
Planio GmbH will use commercially reasonable efforts to make the Planio software application available with a Monthly Uptime Percentage of at least 99.95% during any monthly period of use (the “Service Commitment”). Subject to the Planio SLA Exclusions, if Planio GmbH does not meet the Service Commitment, the Customer will be eligible to receive a Service Credit.
A Monthly Uptime Percentage of 99.95% means that Planio GmbH guarantees the Customer will experience no more than 21 minutes and 54.9 seconds per month of Unavailability.
§ 2 Definitions
“Planio software application” means the then-current version of the Planio project management software running on Planio GmbH’s servers providing the Customer’s Planio instance, in accordance with the Terms.
“Maintenance” means scheduled Unavailability of the Planio software application, as announced by Planio GmbH prior to the Planio software application becoming Unavailable.
“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the Planio software application were Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Planio SLA Exclusion.
“Service Credit” means a credit denominated in Euro, calculated as set forth below, that Planio GmbH will credit back to an eligible account.
“Unavailable” and “Unavailability” mean, for the Planio software application, when it is not running or not reachable due to Planio’s fault.
§ 3 Service Commitments and Service Credits
Service Credits are calculated as a percentage of the total charges due on the Customer’s invoice for the monthly billing cycle in which the Unavailability occurred, applied proportionally to the Services that were Unavailable, in accordance with the schedule below:
- For Monthly Uptime Percentage less than 99.95% but equal to or greater than 99.9%, the Customer will be eligible for a Service Credit of 50% of the charges attributable to the affected resources.
- For Monthly Uptime Percentage less than 99.9%, the Customer will be eligible for a Service Credit of 100% of the charges attributable to the affected resources.
For example, if the Customer has a Planio instance that is Unavailable for 25 minutes, the Customer would be eligible for a Service Credit for 50% of that Planio instance for the month.
Planio GmbH will apply any Service Credits only against future payments for the Services otherwise due from the Customer. At its sole discretion, Planio GmbH may issue the Service Credit to the credit card or bank account the Customer used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle the Customer to any refund or other payment from Planio. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one Euro (€1 EUR). Service Credits may not be transferred or applied to any other account.
§ 4 Sole Remedy
Unless otherwise provided in the Terms, the Customer’s sole and exclusive remedy for any unavailability, non-performance, or other failure by Planio GmbH to provide the Planio software application is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
§ 5 Credit Request and Payment Procedures
To receive a Service Credit, the Customer must submit a claim by using the contact form or email address made available on the Planio website. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:
- the dates and times of each Unavailability incident that the Customer is claiming;
- the Planio instance domain name(s); and
- proof or documentation (full error message in verbatim, or screen shot) of the the error that corroborates the claimed outage (any confidential or sensitive information in these items should be removed or replaced with asterisks).
A reference or screen shot of the public Planio status page provided by trusted 3rd party Pingdom–which is available via https://pln.io/pingdom–may be used instead if it contains the required information mentioned above.
If the Monthly Uptime Percentage of such request is confirmed by Planio GmbH and is less than the Service Commitment, then Planio GmbH will issue the Service Credit to the Customer within one billing cycle following the month in which the request is confirmed by Planio GmbH. The Customer’s failure to provide the request and other information as required above will disqualify her from receiving a Service Credit.
§ 6 Planio SLA Exclusions
The Service Commitment does not apply to any unavailability, suspension or termination of the Planio software application, or any other performance issue:
- That results from a suspension or Remedial Action, as described in the Terms;
- Caused by factors outside of Planio GmbH’s reasonable control, including any force majeure event, Internet access, or problems beyond the demarcation point of the Planio network;
- That results from any actions or inactions of the Customer or any third party employed by the Customer;
- That results from the equipment, software or other technology of the Customer or any employed third party (other than third party equipment within Planio GmbH’s direct control);
- That results from failures of the Planio software application not attributable to Unavailability; or
- That results from any scheduled Maintenance.
If availability is impacted by factors other than those used in Planio GmbH’s Monthly Uptime Percentage calculation, then Planio GmbH may issue a Service Credit considering such factors at its discretion.