During the Term of the Agreement under which Google has agreed to provide GTI/VT to Customer (the "Agreement"), the the GTI/VT web interface and the API ("Covered Service") currently located at www.virustotal.com, or a successor thereto, will be operational and available to Customer at least 99.9% of the time in any calendar month (the "SLA").
If Google does not meet the SLA, and if Customer meets its obligations under this SLA, Customer will be eligible to receive the Service Credits described below. This SLA states Customer's sole and exclusive remedy for any failure by Google to meet the SLA. Capitalized terms used in this SLA, but not defined in this SLA, have the meaning set forth in the Agreement. If the Agreement authorizes the resale or supply of GTI/VT under a partner or reseller program, then all references to Customer in this SLA mean Partner or Reseller (as applicable), and any Service Credit(s) will only apply for impacted Partner or Reseller order(s) under the Agreement.
The following definitions apply to the SLA:
Percentage of Downtime per calendar month | Service Credit expressed as calendar days of Covered Service added to the term end of the Agreement, at no charge to Customer |
> 5% | 30 |
>1% and <= 5% | 10 |
>.1% and <= 1% | 5 |
Percentage of Downtime per calendar month
Service Credit expressed as calendar days of Covered Service added to the term end of the Agreement, at no charge to Customer
> 5%
30
>1% and <= 5%
10
>.1% and <= 1%
5
In order to receive any of the Service Credits described above, Customer must notify Google at contact@virustotal.com within 30 calendar days from the time Customer becomes eligible to receive a Service Credit. Failure to comply with this requirement will forfeit Customer's right to receive a Service Credit.
The aggregate maximum number of Service Credits that Google will issue to Customer for all Downtime that occurs in a single calendar month will not exceed 30 calendar days of Covered Service added to the end of Customer's term for the Covered Service. Service Credits may not be exchanged for or converted to monetary amounts or transferred to another party.
The SLA does not apply to any Covered Service that expressly excludes this SLA (as stated in the documentation for such Covered Service), free Services (e.g., free users, introductory trial periods, etc) or any performance issues: (a) caused by factors outside Google’s reasonable control; or (b) that resulted from Customer’s equipment or third party equipment, or both (not within the primary control of Google).
Google will provide reasonable support to Customer for technical or operational issues related to the Covered Service. Google will use commercially reasonable efforts to reply to Customer's written inquiry within 2 business days of Google’s receipt of Customer's request.