Cloud Identity SLA. During the Term of the applicable Cloud
Identity Agreement (the "Agreement"), the Cloud Identity Covered
Services interface will be operational and available to Customer
at least 99.9% of the time in any calendar month (the "Cloud
Identity SLA"). If Google does not meet the Cloud Identity SLA,
and if Customer meets its obligations under this Cloud Identity
SLA, Customer will be eligible to receive the Service Credits
described below. This Cloud Identity SLA states Customer's sole
and exclusive remedy for any failure by Google to meet the Cloud
Definitions. The following definitions shall
apply to the Cloud Identity SLA.
“Downtime” means, for a domain, if there is more than a
five percent user error rate. Downtime is measured based on
server side error rate.
“Cloud Identity Covered Services” means Cloud
Identity Management and Google Groups for Business as ordered
via the Cloud Identity - Premium edition.
“Monthly Uptime Percentage” means total number of
minutes in a calendar month minus the number of minutes of
Downtime suffered in a calendar month, divided by the total
number of minutes in a calendar month.
“Service” means the Cloud Identity Core Services
ordered via the Cloud Identity - Premium edition.
“Service Credit” means the following:
|Monthly Uptime Percentage
||Days of Service added to the end of the
Service term (or monetary credit equal to the value of
days of service for monthly postpay billing
customers), at no charge to Customer
|< 99.9% - >= 99.0%
|< 99.0% - >= 95.0%
Customer Must Request Service Credit.
In order to receive any of the Service Credits described above,
Customer must notify Google (or, for Customers who ordered
Services from a Reseller, Customer may notify Reseller and
Customer's Reseller must notify Google) within thirty 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. For Customers who ordered
Services from a Reseller, Customer will receive applicable
Service Credit from Reseller on behalf of Google.
Maximum Service Credit.
The aggregate maximum number of Service Credits to be issued by
Google (or, for Customers who ordered Services from a Reseller,
by Reseller on behalf of Google) to Customer for all Downtime
that occurs in a single calendar month shall not exceed fifteen
days of Service added to the end of Customer's term for the
Service (or the value of 15 days of service in the form of a
monetary credit to a monthly-billing customer’s account).
Service Credits may not be exchanged for, or converted to,
monetary amounts, except for customers who are on Google’s
monthly billing plan.
Cloud Identity SLA Exclusions.
The Cloud Identity SLA does not apply to any services that
expressly exclude this Cloud Identity SLA (as stated in the
documentation for such services) or any performance issues: (i)
caused by factors described in the "Force Majeure section of the
Agreement; or (ii) that resulted from Customer's equipment or
third party equipment, or both (not within the primary control