Uptime Service Level Agreement
Performive Uptime Service Level Agreement (USLA)
Applies To: All Managed Services under the Performive Master Services Agreement (MSA) and applicable Statements of Work (SOW).
1. Overview
This Uptime Service Level Agreement (USLA) is incorporated into and forms part of the Master Services Agreement (MSA) between Performive, Inc. (Performive) and the Customer. This document defines the service uptime commitments, performance measurement standards, and remedies available to the Customer in the event of a service interruption.
2. Uptime Commitment
Performive guarantees 99.99% monthly uptime for all covered Performive services (“Covered Services”), excluding planned or emergency maintenance windows and exclusions.
3. Measurement of Uptime
Downtime is measured from the earlier of:
- Automated Detection: When Performive’s monitoring systems detect a service interruption.
- Customer Notification: When a Customer submits a validated support ticket reporting the issue.
- Downtime ends when service is fully restored.
Performive’s monitoring tools, ticket systems, and logs serve as the definitive record of uptime calculation.
4. Service Level Credit Policy
If Performive fails to meet the 99.99% uptime guarantee, Customers are eligible to receive service credits based on service impact duration per incident. The maximum credit in any month shall not exceed 50% of the Monthly Recurring Charge (MRC) for the impacted service.
5. Credit Request Process
To receive a credit, the Customer must submit a written request to billing@performive.com within 30 calendar days of the incident. Requests must include:
- Customer’s name
- Impacted service(s)
- Support ticket number(s)
- Start and end times of the service impact
The Performive billing team will create a support ticket to track the status of credit request and to provide updates to the customer regarding the request and centralized communication as they evaluate and validate the request.
Approved credits will appear on the next invoice cycle following credit approval.
Requests submitted more than 30 days after the reported impact event are void.
6. SLA Exclusions
Service credits are not provided for service impacts caused by:
- Force majeure events.
- Failures in Customer-controlled environments.
- Issues from third-party providers.
- Internet or DNS propagation problems.
- Customer misconfiguration or security breaches.
- Unavailable Customer personnel.
- Facility or carrier maintenance.
- Scheduled or emergency maintenance.
- Failure to implement recommendations.
Performive shall not be liable for service interruptions, degradation, or impacts resulting from defects, bugs, or performance issues inherent to or caused by the original equipment manufacturer (OEM) or software vendor platform.
This includes, but is not limited to, issues originating from the underlying infrastructure, firmware, or software produced by third-party manufacturers or OEMs upon which Performive Services are integrated.
Performive will use commercially reasonable efforts to coordinate with the OEM vendor for resolution, but such issues will not qualify for SLA credits unless the root cause is proven to be within Performive’s operational control.
7. Post-Incident Reporting
Following a qualifying service impact, Performive will provide a Post-Incident Report (PIR) or Root Cause Analysis (RCA) upon Customer request.
To initiate this process, the Customer must submit a formal request via the Performive Customer Portal at https://portal.performive.com
Once validated, Performive will prepare and deliver the RCA within three (3) business days of incident closure, detailing the root cause, impact assessment, corrective actions, and preventive measures implemented to mitigate recurrence.
8. Governing Terms
This USLA is subject to and governed by the terms of the Master Services Agreement (MSA) and Statement(s) of Work (SOW). In case of conflict, the MSA and SOW shall prevail.
9. Revision and Review
Performive reserves the right to revise this USLA to reflect operational or industry changes. Updates will be posted at www.performive.com/legal and become effective 30 days after publication.