Service Level Agreement
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Service Level Agreement
This Service Level Agreement (“SLA”) determines the commitment between Evergrid and Customer under Evergrid Services Agreement (the “Agreement”) regarding availability of Services. This SLA consists of Universal terms on Service Availability which apply to all Service Levels and Service Levels for specific Services. Capitalized terms used herein but not defined herein shall have the meanings set forth in Agreement.
PLATFORM TERMS
1. Service Availability
1.1. Evergrid commits to provide Customer with the Service Uptime Percentage specified in Service Levels for specific Services.
1.2. This SLA applies only to the specific Services linked in this document and rendered only on a fee-paying basis, provided that Customer complies with AUP, Quotas, Limits and other technical restrictions established by Evergrid.
1.3. In case of Unavailability, Customer shall send Evergrid an Unavailability message, which shall contain:
(a) message subject: “[name of a Service] _service unavailability _ Customer’s name”, (b) date and time when Service became unavailable, and (c) description of Service failure with a screenshot attached (if any).
1.4. Customer undertakes to follow Evergrid’ instructions received in response to Customer’s message on Service Unavailability, and immediately inform Evergrid when access to Service is restored.
1.5. Customer undertakes to cooperate with Evergrid to detect the source of Unavailability, eliminate it and restore the operation of Service.
2. Compensation
2.1. If Evergrid does not meet the warranted Service Uptime Percentage, Customer will be eligible to receive Compensation. Service Level and amount of Compensation is determined for each Service separately. Customer must submit any claim for Compensation via Customer portal in Management Console no later than fourteen (14) calendar days after the end of the applicable Reporting Period, otherwise such claim shall be deemed waived.
2.2. Compensation amount depends on the actual Service Uptime Percentage and total cost of used Service in the applicable Reporting Period, when Unavailability was recorded.
2.3. Compensation amount for each Service will, under no circumstances, exceed the total cost of the Service usage in Reporting Period, when Unavailability was recorded.
2.4. To calculate Service Uptime Percentage in a Reporting Period, Evergrid may use its own data in its sole discretion, if this data indicates commencing of Unavailability earlier than time specified by Customer in its Service Unavailability message.
2.5. Compensation is the sole and exclusive remedy and indemnification to Customer for Evergrid’ failure to comply with the warranted Service Level. No other remedies, damages, or compensation shall be available to the Customer in connection with any such failure to meet the Service Levels, except as expressly provided herein.
2.6. Evergrid will provide any Compensation only against future payments otherwise due from Customer. Compensation will discount the Service Fees in Reporting Period, in which Evergrid calculated Compensation, and may not be used otherwise. The provision of Compensation implies no payment of funds to Customer.
2.7. Compensation will be calculated automatically based on Evergrid’ data. Compensation is provided within thirty (30) calendar days from the end of Reporting Period, in which Unavailability occurred, and/or from when Customer sent a message to inform of the loss/damage of Customer’s Content in an accident caused by Evergrid, which Evergrid subsequently confirmed. If there are any disputes in respect to Service Uptime Percentage in Reporting Period, provision of Compensation may be extended up to sixty (60) calendar days.
2.8. If Customer’s Content is lost and/or damaged in an accident caused by Evergrid, so long as Customer was not negligent and/or the damage was not caused by any third-party software, Customer will be granted Compensation based on the Customer’s message. In that case, amount of Compensation shall be capped at 100% of the Service Fee in Reporting Period, during which Customer’s Content was lost and/or damaged. To receive Compensation, Customer shall submit a message to Evergrid to inform of the loss or damage of Customer’s Content within thirty (30) calendar days from when Customer’s Content was lost or damaged, otherwise Customer waives its right for Compensation for Content’s loss/damage.
2.9. According to clause 2.1.9 of the Service Terms different versions of Services may be available to Customer depending on the Region.
2.9.1. The Service Levels in different Regions are equal, unless otherwise expressly stated in the Service Level of a specific Service.
2.9.2. If it is not possible to launch a Service in a specific Region through the Management Console, the Service is considered unavailable in this Region and the Service Level Agreement does not apply to it.
3. Exclusions
3.1. SLA does not apply to Unavailability caused by the following circumstances:
(a) actions of Customer and/or third parties, including, but not limited to, the use of third-party equipment and/or software resulting in Unavailability of Service; (b) preventive maintenance and Emergency Works; (c) a request of authorized governmental authorities in accordance with applicable laws; (d) Customer does not comply with the Agreement or AUP; (e) force majeure; or (f) Customer uses Services in breach of technical limitations and/or in excess of the established Quotas and Limits.
3.2. Evergrid may interrupt the operation of any Service to perform necessary preventive maintenance or Emergency Works.
3.3. Unavailability caused by Emergency Works or preventive maintenance shall not be compensated under this SLA, if the total Service Downtime does not exceed eight (8) hours in a Reporting Period. If Emergency Works are required, Evergrid may interrupt the operation of the Service without prior notice to Customer.
3.4. Evergrid may interrupt the operation of any Service to perform necessary preventive maintenance, inter alia, on weekdays. In this case Evergrid will notify Customer three (3) calendar days prior to the commencement of preventive maintenance that interrupts the operation of Service by posting the respective information in Management Console (including the duration of preventive maintenance).
3.5. Evergrid is not responsible for any loss of, and/or damage to Customer’s Content which arises from Customer’s actions.
3.6. Evergrid may refuse to provide Customer with Compensation, if Customer has Debts with payments for Services, until Debts are settled.
3.7. This SLA does not constitute a warranty or guarantee of uninterrupted service and shall not be construed to extend or enhance any warranties under the Agreement.
Definitions
“Compensation” means Grant issued by Evergrid to Customer for breach of warranted Service Levels.
“Emergency Works” means urgent works to prevent or fix accidents and other situations that compromise the safety and performance of Platform or Service.
“Maximum Service Uptime” means total number of minutes in Reporting Period subject to Section 3 “Exclusions”.
“Service Availability and/or Service Level” means Service Uptime Percentage in Reporting Period warranted to Customer for a specific Service.
“Service Downtime” means a period of Unavailability in Reporting Period (in minutes), which is determined on a basis of Evergrid data on Unavailability of Services and/or as a period of time commencing from Unavailability message submitted by Customer to Evergrid via the form in Management Console or by email till the moment of Service recovery.
“Service Uptime Percentage” means a Maximum Service Uptime, minus the number of minutes of downtime suffered from all Service Downtime periods in Reporting Period, divided by Maximum Service Uptime and multiplied on 100%.
“Unavailability” means a period when Service works with an error. Unavailability is determined separately for each Service.
SERVICE LEVELS FOR SPECIFIC SERVICES
The list of Services which provides Service Levels and links for Service Levels for specific Service are available at: https://docs.evergrid.ai/legal/sla-levels
Web address: https://docs.evergrid.ai/legal/sla
Publication date: April 31, 2025