Service Availability Policy

  1. Definitions. Capitalized terms used in this Service Availability Policy have the meaning given to them in the Gigya Master Services Agreement or other Gigya agreement with respect to a client’s access to Gigya Services (the “Agreement”). In addition, the following definitions apply:
    1. Availability” means a percentage calculated monthly using the following formula:
      1. the total number of Available Minutes for the month minus
      2. the total number of minutes of Unavailability and the result divided by
      3. the total number of Available Minutes for the applicable calendar month.
    2. “Available Minutes” means the total number of minutes in the month (24 hours per day, seven days per week).
    3. “Excusable Downtime” means the time the Services are Unavailable for reasons due to any of the following:
      1. Actions or inactions of Customer or third parties (including acts or omissions of Customer or Customer’s employees, agents, contractors, or vendors, or anyone gaining access to Gigya’s Services by means of Customer’s passwords or equipment), such as but not limited to Customer caused outages/service disruptions;
      2. During beta and trial Services (as determined by Gigya);
      3. Outages necessary to perform regular maintenance and upgrades to keep the service at an acceptable operating level;
      4. Customer requests that require service outages; and
      5. Factors outside Gigya’s reasonable control.
    4. “Services” means the Gigya proprietary web-based technology and services purchased by a Client under an Agreement.
    5. “Target Availability” means 99.9% Availability for each Service or API key.
    6. “Unavailability” means any number of minutes in excess of two minutes during which the Services have no external connectivity for reasons other than Excusable Downtime.
  2. Availability Credit. In the event Gigya fails to meet the Target Availability in any calendar month, Gigya will credit to Client an amount equal to the pro-rated Services Fee for a period of time that varies according to the actual Availability for that month (“Availability Credit”), as follows:

     

    Availability (Actual)
    Availability Credit Due
    At least 99.8% but less than 99.9% 1 day

    At least 99.7% but less than 99.8%

    2 days
    At least 99.6% but less than 99.7% 3 days
    At least 99.5% but less than 99.6% 7 days
    Less than 99.5% 15 days

     

    For the purpose of calculating the Availability Credit, one (1) day shall be the equivalent of 1/365th of the annual net Subscription Fee as set forth in the Service Order for the affected Services. In addition, the Availability Credit shall be pro-rated based upon the Availability of the affected API key as compared to the total number of API keys purchased by a Client; for example, if a Client has purchased 2 API keys, but only 1 API key has failed to meet the Target Availability, Gigya shall provide ½ of the credit identified above for the corresponding actual availability.

To receive an Availability Credit, Client must provide written notice to Gigya of the purported failure within thirty (30) days following the end of the applicable month. Gigya will then perform the appropriate SLA measurement and verification process to determine whether an Availability Credit is due. Upon approval of Client’s claim, Gigya will issue an Availability Credit to Client’s account on the next invoice. If Gigya does not approve Client’s claim, Gigya will notify Client within one (1) month following the month in which the SLA claim was submitted. Notwithstanding anything to the contrary in the Agreement, Availability Credits shall be Client’s sole and exclusive remedy arising from or relating to any failure of Gigya to meet the Target Availability.

Support is available during business hours of 9am-5pm (UK) and 9am-5pm (Pacific) MondayFriday, available via the “Support” link on https://console.gigya.com or via email at support@gigya.com. We also offer 24x7x365 emergency phone support at the following numbers:

 
+1 (650)800-3480(US Toll)
+1 (888)887-0725(US Toll-free)
+44 (0)20 3750 3310 (UK Toll)
+44 (0)800 817 4774 (UK Toll-free)