Arena Solutions Service Level Commitment
Credits. Arena Solutions agrees that if its PLM application service (the “Service”) is Available less than 99.5% of the time in a calendar quarter (determined as set forth below) (each an “Affected Quarter”), then each of its customers actually affected by such outages may request a Service fee credit as specified below (a “Credit”). Arena Solutions will post on its website (https://www.arenasolutions.com/uptime) a report showing the percentage of time the Service was Available in the most recent calendar quarter. Customers actually affected by outages in an Affected Quarter must request, in writing, their Credit within 15 days after the end of such quarter. Each such customer will have a Credit equal to 1.25% of its current annual Service units fees placed into an account with Arena Solutions. Credits will be made available to customers at the end of each calendar year. Credits may only be used to pay for Service units at an annual renewal. Credits will not be issued in cash. Each customer must use its Credits at its next annual renewal following the availability of such Credits. Credits not so used will be deemed forfeited.
Availability Calculation. The percentage of time the Service is Available will be determined as follows:
- ((T – ∑O) / T) * 100
“T” denotes, for any calendar quarter, the total minutes the Service may be available in such calendar quarter, less scheduled outages.
“O” denotes, for any calendar quarter, the minutes elapsed between initiation of each outage in such quarter and when the Service is again Available. “O” does not include downtime caused by (i) scheduled outages, or (ii) other conditions that are beyond Arena Solutions’ reasonable control such as, but not limited to: outages due to non-Arena Solutions application problems; customer or customer-partner provided software; customer provided network access; the Internet; and other force majeure events.
The Service is “Available” if the Arena Solutions PLM application may be accessed from outside of the Arena Solutions network. Arena Solutions is not responsible for availability within customer premises or over the infrastructure of the public Internet.
Exclusions. Arena Solutions may amend or terminate this program as to future periods by posting notice of such changes or termination on this page.