Service Level Agreement (“SLA”) Transactional Email (TEM)

This Service Level Agreement defines the different service level objectives that Scaleway undertakes to comply with in the context of the Covered Service, as well as their scope of application.

Definitions

“Covered Service”: means the “Transactional Email (TEM)” provided by Scaleway.

“Resource”: means a “Transactional Email (TEM)” Instances for a given Domain.

“Domain”: refers to an internet domain name configured by the Client and used to send emails via the Transactional Email (TEM) Service. A single Client can manage multiple Domains within the same Scaleway project.

“Unavailability”: means the loss of external connectivity via API or SMTP to the running Resource during a continuous period of at least one (1) minute.

**“Maintenance Window”: * means a period of time during which Scaleway performs maintenance activities on the infrastructure (physical, network, or software) upon which the Covered Service is based. This includes any updates of the Transactional Email (TEM) API or SMTP server.

“Monthly Availability Rate” or “MAR”: means the availability rate of a Resource for a given calendar month, determined by the following formula:

MAR = (Tt-TpitTt / Tt) * 100

It being specified that:

• Tt: Total number of minutes in the relevant month (in case the Client partially runs a Resource during the course of a month, it is assumed that such Resource is 100% available for the portion of the relevant month that it was not running);
• Tpit: Number of minutes of unavailability recorded during every Unavailability Period that occurred in the relevant month;
  Any unavailability that occurs during a Maintenance Window shall in no circumstances be considered as minutes of unavailability.

Service Level Objectives “SLO”

Scaleway undertakes to comply with the following Service Level Objectives:

The SLO described hereinabove shall in no circumstances apply to any components under Client's control, such as, but not limited to, any software and/or applications installed and used by the Client in connection with the Services.

Compensation

In the event Scaleway does not comply with the SLO described hereinabove during a given calendar month, the Client is entitled to request a compensation, it being specified that (i) the Client shall have paid all invoices issued by and due to Scaleway in connection with the Services, (ii) the Client shall have notified Scaleway the non-respect of the SLO within the specified time limit; and (iii) the Client shall cooperate in good faith with Scaleway to resolve the issue, and in particular:

• by remaining available during the entire period necessary for resolving the issue encountered;
• by providing all the information reasonably available to the Client regarding the issue encountered;
• by carrying out any verification that may reasonably be necessary to resolve the issue encountered.

It is expressly agreed that the compensation granted by Scaleway constitutes an all-inclusive payment for all damages resulting from Scaleway’s failure to comply with the SLO and that the Client expressly waives its right to any other claim, complaint or action.

The compensation shall take the form of a voucher which shall be applied by Scaleway on the invoice issued for the Covered Service, following the month during which the Client’s request was issued.

The amount of the compensation granted by Scaleway is determined according to the following table and corresponds to a percentage of the monthly amount invoiced to the Client for the Resources that did not comply with the SLO during a given month. The Client acknowledges that this compensation cannot under any circumstances be reimbursed in cash.

Request for compensation

Client’s request for compensation must be issued no later than thirty (30) days following the month during which the applicable Resources did not comply with the SLO. Failing that, no compensation can be claimed by the Client with respect to such breach of the SLO.

In addition to its request, the Client must provide Scaleway with the server log files indicating the Unavailability Periods of the impacted Resources as well as the date and time at which they occurred. Client’s failure to comply with these requirements may result in the withdrawal of its right to compensation. In the event of a dispute regarding this SLA, Scaleway will take a decision in good faith based on the information provided by the Client as well as its own system logs, monitoring reports, configuration records and any other available information.

Maximum compensation

The amount of the compensation granted by Scaleway over the course of a given calendar month shall under no circumstances exceed fifty percent (50%) of the monthly amount invoiced to the Client for all the Resources that failed to comply with the SLO during the course of such month.

Exclusions

No compensation shall be granted to the Client if the failure to comply with the SLO is due to any of the following reasons:

• Force Majeure events;

• Act of a third party;

• Client’s fault or wrongful acts;

• Failure of the Client to fulfill its contractual obligations;

• Unavailability of the Services occurring during a Maintenance Window;

• Misuse (or non-compliant use) of the Services by the Client, including but not limited to, non-compliance with the anti-spam policy;

• The SLA does not apply to client benefiting from the free tier or free trial offer of the Covered Service;

• Suspension of the Services pursuant to the General Terms of Services or the applicable Specific Conditions;

• Internet connection issues;

• Failure of the Client to cooperate in good faith with Scaleway to restore the availability of the Resources;

• Services or functionalities in Beta test phase or which have not been made available in a “General Availability” phase;

• Services or functionalities for which there are no SLO explicitly described in the SLA.