Service Level Agreement

This covexo Service Level Agreement (“Agreement”) is between you (“User”) and covexo GmbH, Julius-Hatry-Str. 1, 68163 Mannheim, Germany (“covexo"). If you are agreeing to this Agreement on behalf of a company or organization, then User means your company or organization and you are binding your company or organization to this Agreement.

This Agreement applies to each account of the covexo Products and Services separately.

This Agreement is included in the covexo Terms of Service. covexo may change and modify this Agreement as specified in the covexo Terms of Service.

 

1      Service Commitment

covexo will use commercially reasonable efforts to make the covexo Products and Services available with a Monthly Uptime Percentage as defined in the next paragraph of at least 99% during the subscription term (“Service Commitment”).

 

2      Definitions

  • All definitions of the covexo Terms of Service also apply for this Service Level Agreement.
  • The following definitions further apply:

Monthly Uptime Percentage: The Monthly Uptime Percentage is calculated as the number of minutes of a month during which the covexo Products and Services were available (see below) to the User or during which the covexo Products and Services were unavailable due to a reason excluded in this Agreement divided by the total number of minutes of the month.

Available: The covexo Products and Services are available to the User if the DevSpace of the User could be accessed by the User via the website or desktop program provided by covexo and if the containers in the DevSpace could be used by the User. The covexo Products and Services are also available if the User is responsible for a failure leading to non-availability.

 

3      Credit Note

  • If covexo does not meet this Service Commitment, the User is entitled to receive a credit note to her/his account. The amount of this credit note is calculated dependent from the Monthly Uptime Percentage and the total fees paid during the current month of the subscription term.

Monthly Uptime Percentage

Credit note as percentage of total fees

< 99.00 %

10 %

< 95.00 %

25 %

< 90.00 %

50 %

< 75.00 %

100 %

 

  • The credit notes will be considered during the next billing cycle of the User’s subscription. covexo may alternatively pay the credit note to the User. However, the User is not entitled to receive a cash refund or payment from covexo.
  • Credit notes are not transferrable to another account or User.
  • Unless expressly stated in the covexo Terms of Service, the described credit notes are the sole and exclusive remedy for any unavailability, non-performance or other failure of the covexo Products and Services.

 

4      Obligations of the User

To be entitled to a credit note, the User must inform covexo via email to “support@covexo.com” or written notice within 14 days after the end of the month during which the Service Commitment was not fulfilled by covexo. The notification has to contain the dates and times of each incident during which the covexo Products and Services were not available, the customer ID, requests log or other proof of the unavailability.

 

5      Limitations

The User is not entitled to any credit note, if he breached the covexo Terms of Service, failed to fulfill her/his payment obligations, is responsible for the unavailability or if the User’s Content is the reason for the unavailability.

 

6      Exclusions

The Service Commitment does not apply to any unavailability of the covexo Products and Services in the following cases:

  • If the unavailability is caused by the User’s suspension or termination in accordance to the covexo Terms of Service
  • If the reason for the unavailability is outside of the reasonable control of covexo. This includes, without limitation, force majeure events, missing internet connection, any problem beyond the demarcation point of the covexo Products and Services, denial of service attacks, virus activity and hacking attempts
  • If the reason for the unavailability is caused by a software component, container or template by the User or a third party
  • If the unavailability is caused by regular maintenance which does not exceed 60 minutes per month
  • If the unavailability is a consequence of using the covexo Products and Services outside of Germany and would not have occurred if the User had used the covexo Products and Services in Germany.

If the covexo Products and Services are not available due to one of these excluded reasons, the number of minutes of this unavailability will be deducted from the minutes of availability of the covexo Products and Services and from the total number of minutes of the month for the calculation of the Monthly Uptime Percentage.

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