Solace PubSub+ Cloud Service Level Agreement

This Solace PubSub+ Cloud Service Level Agreement (this “Agreement”) is our agreement governing the use of the Messaging Services (defined below) by you or the entity you represent (“you”) under the terms of the Solace PubSub+ Cloud Terms of Service (the “Terms of Service”) between Solace Corporation and its affiliates (“Solace”, “us” or “we”) and you. This Agreement applies separately to each account using the Messaging Services. Unless otherwise provided herein, this Agreement is subject to the Terms of Service and capitalized terms will have the meaning specified in the Terms of Service. We reserve the right to change the terms of this Agreement in accordance with the Terms of Service.

 

  1. Support Services. During the applicable subscription period, Solace shall provide Customer the following services with respect to the applicable Messaging Services (“Support Services”):

 

  • Telephone/Email/Web Support. Solace shall provide Customer’s Designated Support Contacts (as defined below) access to Solace’s customer support personnel via telephone, email, and the web to assist Customer in resolving technical questions regarding any applicable Messaging Services, 24 hours a day, 7 days a week.

 

  • Issue Reporting. Customer may document and report all suspected errors or malfunctions of any Messaging Services to Solace via email or Solace’s case tracking system, and, for any reported errors or malfunctions, reasonably cooperate with Solace in its bug investigation by phone, email, and through Solace’s case tracking system.  Solace will provide Customer with a trouble ticket number that Customer shall use to track the status of any confirmed error or malfunction in the applicable Messaging Services (e., any confirmed failure of any Messaging Services to meet Solace’s specifications for such Messaging Services described in the relevant Documentation) (“Confirmed Error”).  Solace may close the trouble ticket without further responsibility if Customer does not provide requested information related to the Confirmed Error to Solace within thirty (30) days of receiving a patch or workaround, or if Customer fails to respond to a request for additional information or confirm that trouble ticket is resolved.  Customer may at any time add a new trouble ticket.

 

  • Customer Obligations; Designated Support Contacts. Customer shall appoint up to ten (10) individuals who shall be sufficiently knowledgeable in the operation of the applicable Messaging Services to serve as primary Customer contacts with Solace for support calls for all Messaging Services (“Designated Support Contacts”).  Customer may change its primary or alternate Designated Support Contacts at any time upon written notification to Solace (including by email).  As applied to Messaging Services, Customer may provide Solace access to the logs and access to perform remote troubleshooting sessions on the affected server or component, as reasonably requested by Solace, in order for Solace to provide Support Services.

 

  1. Limitations. Solace shall be responsible for a Confirmed Error in the applicable Messaging Services, however, Solace shall not be responsible for providing Support Services for software, firmware, hardware not supplied by Solace.  Services described herein do not include any support of any failure or defect in any Messaging Services solely caused by Customer, or if any Messaging Services (or any component of the foregoing) has been used in a manner not materially conforming to the requirements or suggestions in Documentation or in the Agreement, or if any Messaging Services (or any component of the foregoing) is used by Customer on an unsupported platform or hardware or has been altered or modified by Customer without Solace’s approval or otherwise in a manner reasonably contemplated by this Agreement.

 

  1. Service Level Commitment

 

  • Service Level. During the Term, Solace agrees that the online components of Solace PubSub+ Cloud will be operational and available to Customer as follows:

 

 

Component

ConfigurationService Level Commitment
Messaging ServicesVMR HA Group99.95% or higher
Messaging ServicesSingle Node99.5% or higher
Messaging ServicesShared Tenancy

 

98% or higher
Solace PubSub+ Cloud Console and REST API98% or higher

 

except for: (i) Scheduled Downtime, or (ii) unavailability of the Messaging Services due to the exclusions described in Section 6 below (“Performance Commitment Exclusions”).  If Solace does not meet the Performance Commitment, Customer will receive the Service Credit described below.  This Agreement states Customer’s sole and exclusive remedy for any failure by Solace to provide the Messaging Services in accordance with the Performance Commitment.

 

  • Definitions. The following definitions shall apply to the Solace Performance Commitment.

 

  • (i) “Downtime” means, for a Customer, if the Messaging Service(s) is not accessible to or functional for the Customer.

 

  • (ii) “Messaging Services” means the Solace PubSub+ Cloud software made available to the Customer as a service and purchased by the Customer from time to time.

 

  • (iii) “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. If the Terms of Service are for a partial month, then the numerator and denominator of the Monthly Uptime Percentage shall only include those days during which Customer received the Messaging Services.

 

  • (iv) “Scheduled Downtime” means a period of time, typically lasting less than 4 hours, during which Solace conducts regular maintenance and upgrades.

 

  • (v) “Service Credit” means the following:

 

  1. VMR HA Groups Messaging Services

 

Monthly Uptime PercentageService Credit
99.95% or higherNone
98.0% to 99.949%5%
under 98%15%

 

  1. Single Node Messaging Services
Monthly Uptime PercentageService Credit
99.5% or higherNone
98% to 99.49%5%
under 98%15%

 

  1. Shared Tenancy Messaging Services
Monthly Uptime PercentageService Credit
98% or higherNone
under 98%5%

 

  1. Solace PubSub+ Cloud Console and REST API
Monthly Uptime PercentageService Credit
98% or higherNone
under 98%15%
  1. Scheduled Downtime.
    • Solace shall publish or notify Customers in advance of periods of Downtime: (i) for scheduled maintenance, typically at least seven (7) days advance notice; and (ii) for emergency maintenance, typically at least twenty-four (24) hours advance notice.
    • Scheduled Downtime will typically be scheduled during non-business hours in the region in which the Component resides. When Scheduled Downtime occurs in accordance with this Section, such Scheduled Downtime is not considered Downtime for purposes of the Performance Commitment.
    • During Scheduled Downtime, which requires upgrades or maintenance, Messaging Services may experience brief periods of downtime or minor degradation in performance.
  2. Remedies. If Customer wishes to claim a Service Credit from Solace, the Customer shall submit to Solace a written claim, within two months of the Downtime, notifying Solace of the applicable Downtime.  Solace shall review such claim and calculate the applicable Service Credit, if any, in accordance with the terms of this Agreement.  Except as set forth herein, Service Credits may not be exchanged for, or converted to, monetary amounts. In addition, in the event the Monthly Uptime Percentage falls below 98% for two (2) out of any three (3) consecutive months, Customer shall have the right to immediately terminate this Agreement upon notice to Solace.
  3. Performance Commitment Exclusions.  The Performance Commitment does not apply to (a) immaterial outages of 2 minutes or less; (b) unavailability of the Messaging Services caused by factors outside of Solace’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Solace employees); (c) unavailability of the Messaging Services that result from equipment and/or software of third parties where such equipment and/or software is not within the reasonable control of Solace; (d) unavailability of the Messaging Services caused by use of the Messaging Services (or any component thereof) by Customer in a manner not materially conforming to the requirements described in the Documentation or in the Agreement.
  4. Amendments. Except where prohibited by applicable law or as otherwise agreed in the order form, company may unilaterally amend these terms of service, in whole or in part (each, an “Amendment”), by: (i) giving customer prior notice of such Amendment; or (ii) posting notice of such Amendment on the website. Unless otherwise indicated by Solace any such Amendment will become effective as of the date the notice of such Amendment is provided to Customer or is posted on the website (whichever is the earlier).