This Sentinel Cloud Service Level Agreement (this “SLA”) is a policy governing the use of the Included Products and Services (listed below) by you or the entity you represent (“you”, “your”, “Customer”) under the terms of the Sentinel Agreement between Thales and its affiliates (“SafeNet, Inc.”, “us” or “we”) and you. Unless otherwise provided herein, this SLA is subject to the terms of the Sentinel Agreement. Thales reserves the right to change and modify the terms of the SLA without notice.
Included Products and Services
- EMS Enterprise as a Service (EMSaaS)
- Sentinel® Up
- Sentinel® LDK as a Service (LDKaaS)
- Sentinel® Cloud Licensing Add-on for RMS Software (SCL)
- ESD as a Service Add-On to EMS
- Enhanced Customer Portal Hosting
- Enhanced Partner Portal Hosting
1. Service Level Agreement (SLA). Thales' warranty for production instances is no less than 99.99% Monthly Uptime Percentage, as defined below) (the “Service Commitment”). In the event the Service does not meet the Service Commitment, you will be eligible to receive a Service credit as described below. There is no warranty for non-production instances (additional instances provided for development / test purposes).
2. Service Credits. If the warranted level of Monthly Uptime Percentage (as hereinafter defined) is not provided, the Licensee will be entitled to a service credit subject to the applicable procedures in this Agreement. If the Monthly Uptime Percentage was at least 99.5% of that month, the service credit will be 10% of the applicable monthly fees. If the Monthly Uptime Percentage is below 99.5% of that month, the service credit will be 25% of the applicable monthly fees.
3. "Monthly Uptime Percentage" means the total number of minutes in a calendar month minus the number of minutes of downtime suffered from all downtime periods in a calendar month, divided by the total number of minutes in a calendar month. Downtime is defined as the time when a Licensee Application is unable to communicate with the Sentinel Service..
4. Exclusions. This SLA and any applicable Service Levels do not apply to any performance or availability issues due to:
(i) circumstances that are subject to the Force Majeure clause of this Agreement or unavailability of or interruption of or delay in telecommunications or third party services, virus attacks, Denial of Service attacks, hackers, or the inability of Thales to obtain materials or supplies used for provision of this service level warranty;
(ii) scheduled maintenance, emergency maintenance, and system upgrades;
(iii) Licensee's acts or omissions (or acts or omissions of others engaged or authorized by customer), including without limitation, custom scripting or coding, any negligence, willful misconduct, or use of the customer's account in breach of this Agreement;
(iv) acts or omissions of End Users or other customers (or acts or omissions of others engaged or authorized by other customers) sharing the affected server(s) with customer, including without limitation, custom scripting or coding, faulty input or instructions submitted to the Sentinel Services by Licensee, End Users or other customers, any negligence, willful misconduct, or use of the customer's account in breach of this Agreement; and
(iv) outages elsewhere on the Internet that hinder access to account. Thales is not responsible for browser, DNS, or other caching that may make Licensee or End User's account appear inaccessible when others can still access it. Thales will guarantee only those areas of the Internet considered under the control of Thales: (A) Thales servers' links to the Internet, (B) Tahles' routers, and (C) Thales' servers themselves;
(v) inoperability due to a Customer driven increase in demand for system resources that exceed system limitations. Current system limitations are set forth at: https://supportportal.gemalto.com/csm?id=kb_article_view&sys_kb_id=14afb8fd4f50bb8c102400818110c7d1&sysparm_article=KB0018630;
(vi) inoperability due to exceeding the maximum number of API requests and/or concurrent API requests as currently specified at: https://supportportal.gemalto.com/csm?id=kb_article_view&sys_kb_id=14afb8fd4f50bb8c102400818110c7d1&sysparm_article=KB0018630;
(vii) problems due to Customer's failure to implement changes in software reasonably recommended by Thales in writing to the extent necessary to maintain Service Levels following a Thales required change in operating environment;
(viii) result from your failure to adhere to any required configurations, use supported platforms or your use of the Sentinel Services in any manner inconsistent with the features and functionality of the Sentinel Services, as established by Thales. The current documentation with respect to these requirements is available at: https://docs.sentinel.gemalto.com/home.htm