ENTERPRISE SERVICE LEVEL AGREEMENT
This Service Level Agreement applies to enterprise level customers only. For more information about the definition of "enterprise level customers" or whether this agreement applies to you, please contact us.
“Down Time” means time when a failure impairs or prevents the initiation of new user requests for GymGroups service and continued use of the service is not available to at least 50% of Customer’s End Users, or when GymGroups’ Performance goals are not achieved.
“Covered Down Time” means Down Time, as measured by GymGroups’ primary operational monitoring harness, which is not caused by Force Majeure or by Customer’s actions, and which is not scheduled Down Time. While GymGroups will use commercially reasonable efforts to take actions it deems appropriate to remedy and avoid such events, Covered Down Time does not include any reasonably unforeseeable interruption or degradation in service due to actions or inactions caused by third parties.
“Force majeure” means a cause of delay or failure to perform beyond a party‘s reasonable control, which such party is unable to overcome by exercise of reasonable diligence, including acts of God, war, terrorism, strikes, failures of suppliers, fires, floods or earthquakes.
Hosting facilities. GymGroups will host the Content and Applications at geographically distributed hosting facilities in the European Union and the United States whose services include secure data centers, infrastructure, redundant bandwidth peering, redundant power with backup generators, and environmental control systems. Hosting Facilities shall maintain annual ISAE 3402 or SSAE 16 SOC 1 or 2 audits, ISO 27001:2005 security standard certification or substantial conformity with ISO 27002 code of practice or similar. GymGroups shall host Content and Applications for European customers in the European Union unless approved by the Customer. GymGroups personnel shall access Content and Applications from either United States or the Europen Union for monitoring, support, troubleshooting, and in course of providing services under this Agreement. GymGroups integrates with third party hosted services for data feeds and specialized functionality. Hosting and data processing for these third party services is not maintained within GymGroups’ hosting environments.
24x7 monitoring. GymGroups will monitor and maintain the Applications from its 24x7 Networks Operations Center for all of the systems within GymGroups’ control required to maintain the Applications, including the monitoring of system utilization, storage utilization, network utilization, and certain application-level criteria. GymGroups will provide Customer with 24x7 emergency contact channels for Severity 1 incident reporting.
99.5% uptime. Credits and Material Breach. Subject to the provisions of this SLA, GymGroups commits to provide 99.5% uptime with respect to the Customer’s Service during each calendar quarter of the Term, excluding regularly scheduled maintenance times. If in any calendar quarter this uptime commitment is not met by GymGroups and Customer was negatively impacted (i.e.,attempted to log into or access the Service and failed due to the unscheduled downtime of the Service), Customer will be entitled to 2 minutes of service credit for each full minute of Covered Down Time. Credits shall be calculated by dividing the actual amount billed to Customer for the month in which Covered Down Time occurred by the number of minutes in that month.
Scheduled Down Time. GymGroups will schedule Down Time with at least 3 days’ notice to the Customer. Such Down Time shall be reasonably scheduled during typically minimal traffic hours and days for Customer. However, GymGroups may schedule Down Time at any time of the day with shorter or no notice if GymGroups reasonably determines that a failure to act immediately would lead to significant harm to either GymGroups or Customer. GymGroups also reserves 30 minutes per day at times of minimal traffic for regular site maintenance that shall require no notification. GymGroups Scheduled Down Time will not exceed 24 hours per month.
Performance. GymGroups will provide response times below 1500 ms average latency for all pages calculated as a calendar month. Latency is measured for first byte from a point within the same physical network, and excludes computationally intensive pages such as search & real-
time analytics, internal user pages and auto-archived message pages.
Response to service incidents. GymGroups will, in good faith, determine the classification/severity of the service incident and will respond in accordance with the applicable Support Response Time indicated below.
Appropriate resources. GymGroups will commit appropriate resources to resolve any Down Time in a timely manner, and to alleviate a Severity 1 incident within 60 minutes of notification.
Contract volume per GymGroups Community. GymGroups’ SLA shall apply to Customer as long as simultaneously (i) Customer meets its payment obligations, (ii) Customer’s platform usage volume remains under Contract Volume, or based on an average of the prior 3 months if there is no Contract Volume and (iii) Customer peak volume remains below twice (2x) Contract Volume or a calendar monthly volume, based on an average of the prior 3 months if there is no Contract Volume. However, GymGroups will make commercially reasonable efforts to maintain SLA requirements within Customer’s existing provisioning in all circumstances.
Security. GymGroups will adhere to security best practices in every aspect of its product development, deployment and operations life cycles. Security is incorporated into the design of the GymGroups products and services and tested rigorously. GymGroups conducts ongoing security vulnerability testing and regular security audits of its products and hosting environment to ensure continued compliance with its strict security standards. For additional information about the GymGroups’ commitment to security, visit http://www.gymgroups.com/security
Unauthorized third parties. GymGroups will not intentionally assist unauthorized third parties in gaining access to Content.
Disaster recovery. GymGroups shall maintain disaster recovery plans for generally expected disaster profiles, and shall execute such plans with its best efforts under the circumstances and in a timely manner upon the occurrence of a disaster event.
Rollback. GymGroups will keep at least one level of rollback to allow undoing any patch, update, or upgrade deployed by GymGroups.
Customer service. GymGroups will provide Customer service via e-mail and customer portal during the Customer’s regular business hours (9am-5pm PST Monday through Friday, excluding published public and company holidays) for non-emergency queries that do not result in Severity 1 incidents. Phone support is available to Customers under the Premium Support contract.
Reporting. Upon request, GymGroups will provide monthly service availability reports. Additionally, Customer will receive Root Cause Analysis reports for Covered Downtime as defined in this Service Level Agreement.
Credit request. To receive any of the credits described in this Appendix, Customer must notify GymGroups no later than 30 calendar days from the time Customer becomes eligible to receive such credits.