This Confluent Cloud Service Level Agreement (“SLA”) describes the service availability commitment for orders of the Confluent Cloud Service under the Terms of Service or Subscription Agreement (collectively or individually “Agreement”) between Confluent, Inc. (“Confluent”) and Customer. Unless otherwise provided herein, this SLA is subject to the terms of the Agreement and capitalized terms will have the meaning specified in the Agreement.
During the Term of your Confluent Cloud Services, Confluent will use commercially reasonable efforts to make the Confluent Cloud Service available with a Monthly Uptime Percentage of at least 99.95% (the “Service Level”). If Confluent does not meet the Service Level, Customer will be eligible to receive a Service Credit as described below.
Service Credits are calculated as a percentage of the total monthly Service fees paid by Customer for the unavailable Confluent Cloud Service cluster for the calendar month in which the Confluent Cloud Service does not meet the Service Level, in accordance with the schedule below.
|Monthly Uptime Percentage||Service Credit|
|< 99.95% but equal to or greater than 99.5%||5 %|
|< 99.5% but equal to or greater than 99.0%||10 %|
|< 99.0%||25 %|
To receive a Service Credit, Customer must submit a claim by logging a support ticket (if Customer is Community Supported, Customer must email email@example.com) . To be eligible, the credit request must be received by Confluent within five (5) calendar days after the last day of the month in which the Confluent Cloud Service does not meet the Service Level, and must include all information reasonably necessary for Confluent to verify the claim, including:
Confluent will evaluate Customer requests and determine in good faith whether a Service Credit is owed based on its system logs, monitoring reports, configuration records, and other available information. If Confluent confirms that the Monthly Uptime Percentage applicable to the month of such request did not meet the Service Level, then Confluent will issue the Service Credit to Customer within one billing cycle following the month in which Customer’s request is confirmed. Customer’s failure to provide the request and other information as required above will disqualify Customer from receiving a Service Credit.
Service credits are not refundable and can only be used toward future billing charges. Confluent will apply any Service Credits against Customer’s next billing charge for Confluent Cloud Service payments. Service credits are exclusive of any applicable taxes charged to Customer or collected by Confluent and are Customer’s sole and exclusive remedy with respect to any failure or deficiency in the Services availability. Service Credits will not entitle Customer to any refund or other payment from Confluent. Service Credits are Customer’s sole and exclusive remedy for any unavailability of the Confluent Cloud Service in accordance with the terms of this SLA. Service credits expire without refund the earlier of twelve (12) months from issuance or one (1) month after termination of the current Order Form Term.
The SLA does not apply to any unavailability of the Confluent Cloud Service:
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