DomainTools Service Level Agreement
This Service Level Agreement (“SLA”) applies to each Service included in a fully executed and active Subscription Order and is subject to the terms of your Enterprise Subscription Agreement (the “Agreement”). Capitalized terms used but not defined in this SLA will have the meaning assigned to them in the Agreement or the applicable Subscription Order.
“Downtime” is defined as the total accumulated billing minutes, in a calendar month, during which a Service is unavailable as per the definitions of High and Critical issues below.
“Incident” means any single event or set of events that result in Downtime.
“Scheduled Downtime” means periods of Downtime related to network, hardware, or Service maintenance or upgrades.
“Service Level Commitment” means the minimum guaranteed uptime for a Service, measured over each full calendar month for which the given Service has a valid Subscription Order.
“Service Credit” means fees payable by DomainTools to customers in instances where a Service Level Commitment is not met.
DomainTools services will be available 99.9% of the time, as measured by DomainTools, over each full calendar month of the Subscription Order term and subject to the exclusions set forth below.
Issue Severity and Communications
For Scheduled Downtime, DomainTools will notify Customers in writing at least five (5) days prior to the commencement of a Scheduled Downtime event.
For Downtime that is unscheduled, DomainTools triangles issues into the below severity levels and communicates accordingly:
- Definition: Services are unavailable; DomainTools is unreachable for most or all customers.
- Communication Plan: Within one hour of discovery, customers are informed via website UI pop-up and/or email, depending on the impacted service.
- Example: Domaintools.com is down and engineering estimates are greater than 1 hour to restore
- Definition: Services are slow to respond, queries time out for some customers.
- Communication Plan: Within 8 hours of discovery, customers are informed via website UI pop-up and/or email, depending on the impacted service.
- Example: DomainTools.com is available but slow to respond (times out) due to network saturation and engineering estimates greater than 8 hours to restore.
- Definition: Some services are slow or unresponsive but workarounds exist for customers.
- Communication Plan: Within 24 hours of discovery customers are informed via website UI pop-up and/or email, depending on the impacted service.
- Example: Significantly delayed monitor updates in API, GUI or email delivery.
Service Specific Terms
Service Credits are calculated by dividing the Subscription fee for the affected Service by the number of months in the Subscription Term, and multiplying the total by the applicable Service Credit percentage in the table below.
|Service Level Commitment||Service Credit if below|
DomainTools does not provide customer uptime reports. It is the responsibility of the customer to determine if Service Level Agreement is not met and Service Credits are due. Service Credits are customers’ sole and exclusive remedy for any performance or availability issues for any Service under the Agreement and this SLA. Customers must be in compliance with their Agreement in order to be eligible for a Service Credit.
A customer may claim a credit for each DomainTools Service as provided in the table above, up to a maximum credit per calendar year equal to 10% of the DomainTools Subscription Fees for that Service.
Customers must submit the claim and all information necessary for DomainTools to validate the claim to Enterprise Support ([email protected]), including: (i) a detailed description of the Incident; (ii) information regarding the time and duration of the Downtime; (iii) the number of affected users (if applicable); and (iv) descriptions of your attempts to resolve the Incident at the time of occurrence. To receive a Service Credit, a customer must file a claim for such credit within forty-five (45) days from when the Incident occurred. Service Credit claims must be submitted to [email protected]
DomainTools will evaluate all reasonably available information and make a good faith determination of whether a Service Credit is owed. DomainTools reserves the right to deny the Service Credit if the customer does not qualify. If DomainTools determines that a Service Credit is owed to you, DomainTools will apply the Service Credit to the next regularly-issued invoice for the impacted service, which may be at the time of renewal. In instances of termination or non-renewal, you will have the right to receive a payment, within 30 days of termination or non-renewal, equal to the value of any outstanding Service Credits. If you purchased a Service from a reseller, you will receive a Service Credit directly from your reseller and the reseller will receive a Service Credit directly from DomainTools. The Service Credit will be based on the price paid by your reseller for the applicable Service.
This SLA does not apply and is not enforceable for retail memberships, free grants, proof-of-concept, pilot or unpaid or paid trial services.
This SLA does not apply to any third-party software or services that may be provided as part of a Service.
This SLA does not apply to any performance or availability issues:
- Due to factors outside our reasonable control or in connection with a Force Majeure event, as described in the Agreement;
- That result from the use of services, hardware, or software not provided by DomainTools, including, but not limited to, issues resulting from inadequate bandwidth or related to third-party software or services;
- That result from your unauthorized action or lack of action when required, or from your employees, agents, contractors, or vendors, or anyone gaining access to DomainTools’ services by means of your passwords or equipment, or otherwise resulting from your failure to follow appropriate security practices;
- That result from your failure to adhere to any required configurations, to use supported platforms, to follow any policies for acceptable use, or result from your use of the Service in a manner inconsistent with the features and functionality of the Service;
- That result from your attempts to perform operations that exceed prescribed quotas or that result from DomainTools’ throttling or suspension of suspected abusive behavior;
- That result from routine Scheduled Downtime; or,
- That result from Account suspension or termination due to Customers’ breach of the Agreement.
DomainTools provides dedicated email support to Enterprise customers Monday-Friday 07:00-16:00 hrs Pacific / 14:00-23:00 hrs UTC, as well as off-hours email monitoring. Support requests must be emailed to [email protected] and must be submitted via an email address that is associated with an active DomainTools Enterprise account. DomainTools responds to inbound support requests, on average, in less than six hours. Enterprise customers may also email their Customer Success representative for anything they need regarding DomainTools Services.