Last Updated: January 13, 2024
This Cato Digital Service Level Agreement (this “SLA”) is a policy governing the use of Cato Digital Services (the “Services”) and applies separately to each organization in the Services. In the event of a conflict between the terms of this SLA and the terms of the Cato Customer Agreement or other agreement with us governing your use of the Services (the “Agreement”), the terms and conditions of this SLA apply, but only to the extent of such conflict. Unless otherwise defined herein, terms used but not defined within this Agreement are defined in the Cato Digital Contract Definitions (https://cato.digital/terms/definitions).
For each individual Cato Digital server instance, Cato will use commercially reasonable efforts to make the instance available with an Instance-Level Uptime Percentage of at least 99.5%, in each case during any monthly billing cycle (the “Instance-Level SLA”). In the event any Single instance does not meet the Instance-Level SLA, you will be eligible to receive a Service Credit as described below.
| Instance-Level Uptime Percentage | Service Credit Percentage |
|---|---|
| Less than 99.5% but equal to or greater than 99.0% | 10% |
| Less than 99.0% but equal to or greater than 95.0% | 30% |
| Less than 95.0% | 100% |
Note: In addition to the Instance-Level SLA, Cato will not charge you for any instance that is Unavailable for more than six minutes of a clockhour. This applies automatically and you do not need to request credit for any such hour with more than six minutes of Unavailability.
Service Credits are calculated as a percentage of the monthly bill (excluding one-time payments such as upfront payments made for Reserved Instances) for services that did not meet the SLA.
We will apply any Service Credits only against future payments for Cato Services otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment from Cato. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account.
To receive an SLA Service Credit, you must submit a claim by opening a case in the Cato Support Center. Your credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include the information specified below:
If a claim is confirmed by us as valid, we will issue you a Service Credit within one billing cycle following the month in which your request is confirmed by us.
Your failure to provide the requested and other information as required above will disqualify you from receiving a Service Credit. Unless otherwise provided in the Agreement, this SLA sets forth your sole and exclusive remedies, and Cato’ sole and exclusive obligations, for any unavailability, non-performance, or other failure by us to provide Cato Services.
The SLA does apply to any unavailability, suspension or termination of Cato Services, or any other Cato Service performance issues, directly or indirectly: (i) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of Cato Services; (ii) that result from any actions or inactions of you, including failure to acknowledge a recovery volume or respond to resource health concerns; (iii) that result from your equipment, software or other technology; or (iv) arising from our suspension or termination of your right to use the applicable Cato Service in accordance with the Agreement (collectively, the “Cato Digital Compute SLA Exclusions”). If availability is impacted by factors other than those used in our Monthly Uptime Percentage or Instance-Level Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.
