GOOGLE MAIL SERVICE LEVEL AGREEMENT FOR GOOGLE APPS FOR ISPs (paid)

Gmail SLA. Google shall use all reasonable commercial efforts to ensure that the Gmail web interface is operating and available to Customers 99.9% of the time in any calendar month. In the event that Customer experiences any of the service performance issues defined below due to Google’s failure to provide Services, Customer will be eligible to receive the Service Credits described below (the "Gmail SLA").

• Definitions. The following definitions shall apply to the Gmail SLA.

  • "Downtime" means, for a domain, if there is more than a five percent user error rate. Downtime is measured based on server-side error rate.

  • "Downtime Period" means, for a domain, a period of ten consecutive minutes of Downtime. Intermittent Downtime for a period of less than ten minutes will not be counted towards any Downtime Periods.

  • "Monthly Uptime Percentage" means 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.

  • "Scheduled Downtime" means those times where Google notifies Customers of periods of Downtime five days prior to the commencement of such Downtime. There will be no more than twelve hours of Scheduled Downtime per calendar year. Scheduled Downtime is not considered Downtime for the purposes of this Gmail SLA and will not be counted towards any Downtime Periods.

  • "Service" means the Google Workspace for ISPs (paid) service provided by Google to You under the Google Workspace for ISPs (paid) Agreement.

  • "Service Credit" means: (a) 10% of the total invoice charges for the affected month if the Monthly Uptime Percentage for any calendar month is between 99.0% and 99.9%; or (b) 25% of the total invoice charges for the affected month if the Monthly Uptime Percentage for any calendar month is between 99.0% and 95.0%; or (c) 50% of the total invoice charges for the affected month if the Monthly Uptime Percentage for any calendar month is less than 95.0%.

Customer Must Request Service Credit. In order to receive any of the Service Credits described above, Customer must notify Google within thirty (30) days from the time Customer becomes eligible to receive a Service Credit. Failure to comply with this requirement will forfeit Customer’s right to receive a Service Credit.

Maximum Service Credit. The aggregate maximum number of Service Credits to be issued by Google to Customer for any and all Downtime Periods that occur in a single calendar month shall not exceed 50% of the total invoice amount for the affected month.

Gmail SLA Exclusions. The Gmail SLA does not apply to any service(s) that expressly exclude this Gmail SLA (as stated in the documentation for such services) and any performance issues: (i) caused by factors outside Google’s reasonable control; (ii) that resulted from any actions or inactions of Customer or any third parties; or (iii) that resulted from Customer’s equipment and/or third-party equipment (not within the primary control of Google). This Gmail SLA states Customer’s sole and exclusive remedy for any failure by Google to provide the Service.