G Suite SLA. During the Term of the applicable G Suite Agreement (or prior versions of the agreement governing the use of G Suite) (the "Agreement"), the G Suite Covered Services web interface will be operational and available to Customer at least 99.9% of the time in any calendar month (the "G Suite SLA"). If Google does not meet the G Suite SLA, and if Customer meets its obligations under this G Suite SLA, Customer will be eligible to receive the Service Credits described below. This G Suite SLA states Customer's sole and exclusive remedy for any failure by Google to meet the G Suite SLA.
Definitions. The following definitions shall apply to the G Suite SLA.
- "Downtime" means, for a domain, if there is more than a five per cent user error rate. Downtime is measured based on server-side error rate.
- 'G Suite Covered Services' means the Gmail, Google+, Google Calendar, Google Cloud Search, Google Docs, Google Sheets, Google Slides, Google Forms, Google Drive, Google Groups for Business, Google Hangouts and Google Talk messaging and video initiation, Hangouts Meet, Google Keep, Google Sites, Google Jamboard and Google Vault components of the Service. This does not include the Gmail Labs functionality, G Suite – Postini Services, Google Jamboard Hardware and Gmail Voice components of the Service.
- "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 G Suite Services.
- "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% 3 < 99.0% - >= 95.0% 7 < 95.0% 15
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 that Customer becomes eligible to receive a Service Credit. Failure to comply with this requirement will forfeit the Customer's right to receive a Service Credit. For Customers who ordered Services from a Reseller, the Customer will receive applicable Service Credit from the 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 billed customer account). Service Credits may not be exchanged for, or converted to, monetary amounts, except for customers who are on Google's monthly billing plan.
G Suite SLA Exclusions. The G Suite SLA does not apply to any services that expressly exclude this G Suite 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 of Google).