Addendum for Portal Availability
This SaaS service level addendum ("SaaS SLA") is applicable exclusively to the Dynatrace SaaS products licensed under the terms of the Agreement to which this SaaS SLA is attached.
1. Portal availability
Target availability of the Dynatrace Portal and Dynatrace Classic Portal (the "Portals") is 99.5% of all hours in a calendar month ("Portal Availability Target"). If Dynatrace fails to achieve the Portal Availability Target for at least one (1) calendar month, Dynatrace shall, upon request from Client as provided herein, provide a credit to Client equal to a pro rata portion of the monthly fee attributable to the difference between the Portal Availability Target and Actual Portal Availability delivered during the calendar month (the "Portal Availability Credit"). The Portal Availability Credit will be determined as follows: (monthly subscription fee) x (Portal Availability Target - Actual Portal Availability) (e.g. $1,000 x (99.5% - 95%) = $45). As used herein, "Actual Portal Availability" means the actual availability of the applicable Portal, as a percentage of the hours in the calendar month.
2. Requesting a credit
To receive the Portal Availability Credit, Client must, within ten (10) days of the end of the month for which Client suspects that a Portal Availability Credit may apply, open a support ticket through the Dynatrace Support System. The support ticket must include relevant information, including the order for which the Portal Availability Credit is suspected to apply. The support ticket must request that Dynatrace research the applicability of a Portal Availability Credit for the applicable month. Failure by Client to meet the requirements herein shall disqualify Client from obtaining the Portal Availability Credit, unless such failure is due to the actions or inactions of Dynatrace.
3. Application Of Portal Availability Credit
The Portal Availability Credit may be applied only against the purchase of additional Dynatrace SaaS services or renewals of existing Dynatrace SaaS service terms. The Portal Availability Credit is eligible for use only within the one (1) year period subsequent to its provision to Client, and shall expire at that time if not taken. Use of the Portal Availability Credit is subject to the existence of a current subscription toward which the Portal Availability Credit may be applied.
4. Client right to terminate
If Dynatrace fails to meet its Portal Availability Target for three (3) or more consecutive calendar months during which Client has been a current customer of the applicable Dynatrace SaaS service(s) for the entire three (3) months, Client may terminate its license to the applicable Dynatrace SaaS services(s), and receive a refund of prepaid, unused fees paid for those SaaS services. Client shall provide written notification of its request to terminate as provided herein during the one (1) calendar month subsequent to the latest of the month for which Dynatrace has failed to achieve the Portal Availability Target. If Client fails to provide notification within the required period, Client shall waive its right to terminate as provided herein. Refunds shall be provided only for SaaS services purchased, and shall not be provided for associated consultancy services.
5. Limits to credits
For each SaaS product order for which a Credit is claimed, the total Credit shall be limited to a maximum of five percent (5%) of the total annual spend for that SaaS product, under the relevant order, per annual term. The Credit shall be applied only when the month for which Dynatrace fails to meet the Target, falls entirely within the applicable paid subscription term. "Credit" means the Portal Availability Credit, combined with any and all other available SaaS-related credit. "Target" means the Portal Availability Target, and any and all other applicable SaaS-related targets.