For Eligible Cloud Products (as listed in the table in Appendix A) Atlassian must provide the following monthly uptime percentage to Customer (the “Service Level Commitment”):
Service Level Commitment
2.1. Eligibility. To be eligible to receive a service credit for Atlassian’s failure to meet the Service Level Commitment (“Service Credit”), Customer must submit a ticket at https://support.atlassian.com with all fields fully and accurately completed within fifteen (15) days after the end of the calendar month in which the alleged failure occurred and provide any other reasonably requested information or documentation (for instance, as described here). Atlassian’s monitoring and logging infrastructure is the sole source of truth for determining whether Atlassian has met the Service Level Commitment.
2.2. Issuance. If Atlassian confirms a failure to meet the Service Level Commitment, Atlassian will apply the Service Credit, which will be calculated as described in Appendix B, against a future payment due from Customer for the affected Cloud Product, provided that Customer’s account is fully paid up, without any overdue payments or disputes. No refunds or cash value will be given for unused Service Credits. Service Credits may not be transferred or applied to any other Atlassian account or Product. The aggregate maximum Service Credit applied to an invoice will not exceed 100% of the amount invoiced for the affected Cloud Product in that invoice billing period (which, since Service Credits are applied to future payments, is not the month in which the affected Cloud Product was unavailable).
2.3. Reseller Purchases. If Customer purchased the affected Cloud Product through a Reseller, (a) Customer or the Reseller may submit a ticket as described in Section 2.1 above; and (b) any Service Credit will be based on the fees invoiced by Atlassian to the Reseller for Customer’s use of the affected Cloud Product under the Reseller’s applicable order(s) with Atlassian. Atlassian will issue any associated Service Credits to the Reseller (and not directly to Customer), and the Reseller will be solely responsible for issuing the appropriate amounts to Customer.
Customer is not entitled to Service Credits if Customer is in breach of the Agreement (as defined below) or has not provisioned the relevant Cloud Product. The Service Level Commitment does not include unavailability to the extent due to: (a) Customer’s use of the Cloud Products in a manner not authorized under the Agreement; (b) force majeure events or other factors outside of Atlassian’s reasonable control, including internet access or related problems; (c) Customer equipment, software, network connections or other infrastructure; (d) Customer Data or Customer Materials (or similar concepts defined in the Agreement); (e) Third-Party Products; or (f) routine scheduled maintenance or reasonable emergency maintenance as stated in the Atlassian Maintenance Policy. The Service Level Commitment does not apply to (i) sandbox instances or Free or Beta Products (or similar concepts in the Agreement) or (ii) features excluded from the Service Level Commitment in the applicable Documentation.
Service Credits are Customer’s exclusive remedy and Atlassian’s entire liability for Atlassian’s failure to meet the Service Level Commitment.
All capitalized terms used and not defined in this Service Level Agreement have the meanings given to them in the applicable agreement between Customer and Atlassian for the relevant Cloud Products referencing this Service Level Agreement (“Agreement”).