This Hosted Services Availability Commitment applies to Customer’s use of and access to Jamf’s Hosted Services. Capitalized terms used but not otherwise defined herein shall have the respective meanings assigned to them in Jamf’s Software License and Services Agreement.
Hosted Services will be available at least 99.9% of the time measured on a per calendar month basis and is calculated by subtracting from 100% the percentage of 5-minute periods during the month in which the Hosted Services were unavailable to Customer (“Commitment”). The Hosted Services are unavailable if Customer’s authorized user cannot access and use material functions of the Hosted Services for a continuous period of five minutes or longer, excluding periods of scheduled or emergency maintenance (“Incident”). Scheduled maintenance is conducted during non-business hours. In the event Jamf does not meet its Commitment, Customer may be eligible to receive a credit to Customer’s account to be applied to future Subscription fees (“Service Credit”). Service Credits do not entitle Customer to any refund or other payment from Jamf.
The Commitment does not apply to any unavailability, suspension or termination of the Hosted Services caused by factors outside of Jamf’s reasonable control, including, but not limited to (a) Internet disruptions, electrical or communications failures (b) Customer error, (c) Customer’s or Customer’s third-party service provider’s equipment, software or other technology, (d) Customer’s failure to modify Customer’s use of the Hosted Services after being instructed to do so by Jamf, (e) Customer’s failure to adhere to required configurations, use supported platforms, follow acceptable use policies, or (f) using the Hosted Services in a manner inconsistent with its features or functionality or published guidance (collectively, “Exclusions”). Customer’s account must be in good standing to be eligible for Service Credits and Customer must make good faith efforts with Jamf to resolve issues related to Customer’s configuration of the Hosted Services.
Credits. To receive a Service Credit, Customer must submit a formal Service Credit request by sending relevant details to firstname.lastname@example.org within sixty (60) days of an Incident. Service Credit requests must include the dates and times of each Incident and the functions Customer was performing or unable to perform during each Incident. Customer will reasonably cooperate with Jamf to provide all necessary Incident details. Jamf will issue notice of availability of a Service Credit or a denial within thirty (30) days after receipt of the request. Jamf will, in good faith, determine Service Credits in its sole discretion. Service Credits are the only remedy Jamf will provide in connection with service interruptions.
For any calendar month the Commitment is below 99.9% and for which a Service Credit request is made by Customer, Service Credits are issued in accordance with the following schedule:
99.0% to 99.9% - 10% Service Credit
95.0% to 98.9% - 20% Service Credit
94.9% or below – 50% Service Credit
Service Credits will be calculated based upon the monthly fees paid by customer for the Hosted Services Subscription for the month in which an Incident occurred and in accordance with the above schedule. For example, if an Incident occurs where availability was less than 98.9% but more than 95.0% and Customer made a timely Service Credit request deemed valid by Jamf, a Service Credit of 20% of the monthly fees paid for the Hosted Services Subscription during the month in which the Incident occurred will be credited to Customer’s account.
Data Recovery and Restoration Request. Jamf will conduct regularly scheduled backups (every 24 hours) of the Hosted Services, maintain backups on a rolling thirty (30) day basis, but does not guarantee availability of backups beyond the thirty (30) day period for which backups are maintained, and does not maintain historical backup copies of the Hosted Services for the purpose of point in time data recovery or archival. The scope and scheduling of backups, other than the regularly scheduled backups referenced in this section, are at Jamf’s sole discretion. Customer may initiate a restoration request by sending an email to email@example.com and opening a technical support case. Jamf’s obligation to restore Customer backups will cease 30 days after the Hosted Services have been terminated for any reason.
Changes. Jamf may change, revise or replace this Hosted Services Availability Commitment upon thirty (30) days’ notice. Customer’s continued use of the Hosted Services after any such change takes effect constitutes customer’s acceptance of such changes.
Date Posted: April 15, 2019