This HiveMQ Cloud Service Level Agreement (hereinafter the “SLA”) describes the service availability commitment for the HiveMQ Cloud Service under the SaaS Framework-Agreement between HiveMQ GmbH (hereinafter “HiveMQ”) and the Customer in accordance with the HiveMQ SaaS-Terms. Unless otherwise provided herein, this SLA is subject to the terms of the SaaS Framework-Agreement and capitalized terms will have the meaning specified in the SaaS Framework-Agreement.
1 General Service Commitment
During the term of HiveMQ Subscriptions, the SaaS Services booked by the Customer will be made available by HiveMQ with a Monthly Uptime Percentage as defined below (the “Service Level”).
Definitions
- “Downtime” is the total accumulated minutes in a calendar month during which the entire HiveMQ Cluster Package booked by the Customer within a certain HiveMQ Subscription is unavailable. Downtime does not include
- Events beyond HiveMQ’s Control as defined in the following;
- Downtimes during Maintenance Windows as defined in the following and ○ Downtimes of less than 1 (one) minute per hour.
The point of delivery relevant for the calculation of Downtimes is the interface between the servers on which the HiveMQ Cluster(s) is/are hosted and the Internet.
- “Events beyond HiveMQ’s Control” are the events as further described in Section 6 below.
- “Maintenance Windows” are periods of time during which HiveMQ performs maintenance works that cause unavailability of SaaS Services, provided that HiveMQ has notified the Customer of these periods at least 5 days in advance in textual form. The total duration of the Maintenance Windows per calendar month for each HiveMQ Subscription is 4h (four hours). If calendar months are not completely within the term of a HiveMQ Subscription, the total duration of the Maintenance Windows in the relevant month is reduced pro rata temporis.
- “Monthly Uptime Percentage” means the total number of minutes in a calendar month, minus the number of minutes of Downtime in such month, the result of which being divided by the total number of minutes in such month, multiplied by 100.
- “Service Credit” means an amount of money, equaling the percentage of monthly Subscription fees for a certain HiveMQ Subscription, calculated as described below, credited to Customer in accordance with the process described in this SLA.
3 Service Level
HiveMQ warrants a Monthly Uptime Percentage of 99.90% for Cloud Starter Packages booked with HiveMQ Subscriptions and of 99,99% for HiveMQ Cloud Business Critical Packages booked with HiveMQ Subscriptions as a “Service Level”. The Service Level will be calculated separately for each HiveMQ Subscription.
4 Calculation of Service Credits
In the event that the Service Level is not met in a calendar month with respect to one or more active Subscription Agreement(s), the Customer will be granted certain Service Credits according the following provisions of this SLA. Service Credits are calculated in accordance with the schedule below as a percentage of the total monthly net Subscription fees payable by the Customer for the unavailable HiveMQ Cluster Package for the calendar month in which the Service Level is not met. In case of non-monthly payments (such as one-time payments, upfront payments etc.) the calculation is based on the calculated monthly amount from the total amount taking into account the contractually agreed duration of the affected Subscription Agreement.
| HiveMQ Cluster Package | Monthly Uptime Percentage | Service Credit |
|---|---|---|
| HiveMQ Cloud Starter Package | Less than 99.9% but equal to or greater than 99.0% | 5% of the calculated monthly net subscription fee |
| Less than 99.0% but equal or greater than 90.0% | 10% of the calculated monthly net subscription fee | |
| Less than 90.0% | 25% of the calculated monthly net subscription fee | |
| HiveMQ Cloud Business Critical Package | Less than 99.99% but equal to or greater than 99.5% | 5% of the calculated monthly net subscription fee |
| Less than 99.5% but equal or greater than 95.0% | 10% of the calculated monthly net subscription fee | |
| Less than 95.0% | 25% of the calculated monthly net subscription fee |
5 Service Credit Request and Payment
In the unlikely event that HiveMQ fails to meet the above-mentioned Service Level, HiveMQ shall offer Service Credits as compensation to the Customer in accordance with the following provisions.
To receive a Service Credit, Customer must submit a textual request (the “Credit Request”), either by logging a support ticket or by sending an email to cloud@hivemq.com. To be eligible, the Credit
Request must be received by HiveMQ within ten (10) calendar days after the last day of the month in which the SaaS Services have not met the Service Level, and must include all information reasonably necessary for HiveMQ to verify the request, including:
- the words “SLA Credit Request” in the subject line;
- a description of the Customer’s applicable MQTT client(s), the version of each such client, and the configurations for each such client; and
- a description of the time and duration of the Downtime and Customer and system logs that document the failed connect and publish attempts.
If HiveMQ’s monitoring systems accessing the same endpoints as well as its system logs, monitoring reports, configuration records, and other available information determine that the Monthly Uptime Percentage applicable to the calendar month to which the Credit Request referred did not meet the Service Level, then HiveMQ will confirm the Credit Request and will issue the Service Credit to Customer within one billing cycle following the month in which Credit Request is confirmed. Customer’s failure to provide the request as required above will disqualify Customer from receiving a Service Credit.
Service Credits are exclusive of any applicable taxes charged to Customer or collected by HiveMQ.
Service Credits will be offset against the Subscription fees payable by the Customer which are subject to invoicing following HiveMQ’s confirmation of the Credit Request. In case there is no further invoicing (e.g. due to termination or prepayment) within 6 (six) months after HiveMQ’s confirmation of the Credit Request, the Service Credits will be refunded to the Customer upon Customer’s request. In no event does HiveMQ’s confirmation as stated above or the crediting or payment of Service Credits constitute or imply an admission or acknowledgement of the existence of any other or additional obligations on the part of HiveMQ towards the Customer or third parties, including obligations to pay damages.
The provisions regarding the granting of Service Credits shall not exclude the Customer from exercising his existing mandatory rights for compensation in accordance with the provisions of the SaaS Framework-Agreement (including Sec. 17 of the HiveMQ SaaS-Terms) - if any - in case the Service Level is not reached, provided however that the Customer bears the burden of proof for any damages and confirmed Service Credits must be offset against any claims for damages.
6 Events beyond HiveMQ’s Control
The following events are beyond the reasonable control of HiveMQ and are not taken into account for determining the Service Level. They are therefore not included as Downtimes in the calculation of the Monthly Uptime Percentage.
- Events in public cable networks, computer networks or the Internet that occur outside the sphere of influence of HiveMQ and temporarily or permanently impair or even exclude the use of the SaaS Services and for which HiveMQ is not responsible;
- Events beyond the control of HiveMQ in which the availability of the servers of HiveMQ or its subcontractors is impaired or even excluded due to technical or other problems (including but not limited to force majeure, fault of third parties including DDoS attacks, network intrusions, denial of service attacks etc.) for which HiveMQ is not responsible, taking into account customary market standards;
- Suspension of access to or provision of SaaS Services in exercise of HiveMQ’s rights in accordance with the HiveMQ SaaS-Terms in the event of a breach of Customerobligations;
- Events resulting from the use of services, hardware, or software provided by a third party and not within the control of HiveMQ, including issues resulting from inadequate bandwidth;
- Events resulting from Customer's failure to use MQTT clients with acceptable implementation and configuration values as recommended by HiveMQ;
- Events resulting from Customer’s unlawful or contract-violating action or lack of action when required, including those of Customer’s users or by means of Customer’s passwords;
- Unavailability due in whole or in part to any of the following: Failure by Customer to take any remedial action in relation to the SaaS Services as contractually agreed or reasonably required by HiveMQ, or otherwise preventing HiveMQ from doing so or Customer’s failure to provide information reasonably and lawfully required by HiveMQ in order to provide SaaS Services.