1. Will be calculated by multiplying the Monthly Applicable Fees by the percentage set forth in the Service Credit column for the applicable Uptime Tier level in the table above;
2. Will be granted in the form of Credits in the same service plan as the Cluster(s) impacted by Downtime, and in the amount calculated per the formula described in section 1 immediately above (any fractional Credits will be rounded up to the nearest whole number) solely for future use by Customer in the Cloud Service; and
3. Do not entitle Customer to any refund or other payment from Couchbase, and may not be transferred or applied to any other account or Couchbase product or service.
Unless otherwise stated in the Agreement, Customer’s sole and exclusive remedy for any breach of the Monthly Uptime Availability is the receipt of Service Credits (if eligible) in accordance with the terms herein.
To be eligible to receive a Service Credit Customer must:
1. Submit a support ticket via the Cloud Control Plane within 24 hours of first becoming aware of Couchbase’s failure to meet the Monthly Uptime Availability;
2. Submit a claim via the Cloud Control Plane for a Service Credit by the end of the calendar month immediately following the calendar month in which the Downtime occurred, with all information necessary for Couchbase to validate the claim, including:
a. a detailed description of the events resulting in Downtime, including Customer’s request logs that document the error(s) and corroborate the claimed outage (with any personal, confidential or sensitive information in the logs removed, replaced with asterisks or otherwise redacted as requested by Couchbase);
b. information regarding the time and duration of the Downtime;
c. the number and location(s) of affected Cloud Service users (if applicable);
d. descriptions of Customer’s attempts to resolve the Downtime at the time of occurrence.
3. Reasonably assist Couchbase in investigating the cause of the Downtime and processing the claim; and
4. Comply with this SLA, the Agreement, applicable Documentation, and any advice from the Cloud Service support team.
Downtime does not include, and Customer will not be eligible for a Service Credit for, any performance or availability issue that resulted from:
1. Factors outside of Couchbase’s reasonable control, including any natural disaster, epidemic, war, acts of terrorism, riots, government action, or any other force majeure event;
2. Any third-party software, technology, service, equipment, hardware or other non-Couchbase element of the Cloud Service (including the Cloud Environment or third-party APIs not included in the Cloud Service);
3. Use of Customer’s password or equipment to access Couchbase’s network;
4. Customer’s or any third party’s (a) improper use, scaling or configuration of the Cloud Service, or (b) failure to follow appropriate security practices;
5. Scheduled maintenance windows related but not limited to upgrades, patching, and scaling events or configuration changes;
6. Any offerings that are excluded from this SLA (as indicated in the product);
7. Any non-generally available offerings or free trials;
8. Any actions or omissions by Customer or any third party (including, without limitation, actions by Customer to schedule Cluster unavailability, interruption of services by our service providers, and malicious third-party actions); or
9. Customer’s breach of the Agreement.
1. “Applicable Monthly Fees” means the total fees paid by Customer for a given Cluster impacted by Downtime during the month in which the Downtime occurred.
2. “Credit” means a unit of database processing capability consumed to use the Cloud Service at the applicable service plan.
3. “Downtime” is calculated per each Cluster on a calendar monthly basis and is the total number of minutes during the calendar month that the entire Cluster was unavailable and all attempts to establish a connection to the Cluster were unsuccessful. Downtime does not apply to or include any Cluster that has not yet been deployed.
4. “Monthly Uptime Availability” means the monthly uptime availability percentages set forth in the table above and calculated per each Cluster on a calendar monthly basis using the formula:
|(total minutes in month – downtime)
|total minutes in month
5. “Service Credit” means the percentage of the Applicable Monthly Fees to be credited to Customer in the form of Credits in the next invoice issued by Couchbase in accordance with this SLA.