The GrantVantage business solution (the “Software”) is built on the Microsoft Dynamics CRM platform and hosted with Microsoft Azure (the “Hosting Environment”). This Service Level Agreement (SLA) applies only to the Software, and all licenses that incorporate this SLA by reference, when GrantVantage provides a combination of the Software and the Hosting Environment. This Service Level Agreement does not apply when a customer licenses the Software from GrantVantage and uses such licensed software in a Hosting Environment that is not under the direct control of GrantVantage. GrantVantage may modify this SLA from time to time, without prior notice to you.
Incorporation of Microsoft Service Level Agreements
In the event that use of the Software is limited at any point by Microsoft Azure or Microsoft Dynamics CRM, you agree that your sole recourse shall be to Microsoft. The service level agreements for Microsoft Azure (https://azure.microsoft.com/en-us/support/legal/sla/) and Microsoft Dynamics 365 (http://go.microsoft.com/fwlink/?LinkID=196557&clcid=0x409) are incorporated herein by reference.
Scheduled Maintenance by GrantVantage
Periodically, GrantVantage will restrict your access to some or all of the Software in order to perform maintenance on the Software (including the implementation of bug fixes and upgrades to software and / or hardware) (the “Scheduled Maintenance”). Regularly scheduled maintenance on the Software may be performed on Sundays. GrantVantage will endeavor to notify you of any change to the scheduled maintenance windows in advance. However, GrantVantage reserves the right to conduct unscheduled maintenance without prior notice when necessary on the Software. Maintenance that is deemed critical in nature may be performed at any time based on the sound judgment of Microsoft and GrantVantage engineers. In these extremely rare cases, GrantVantage staff will act first to protect your servers and your data even if that may require a brief service outage. Any outage which is caused by a maintenance issue deemed by Microsoft or GrantVantage as an “emergency” (the “Emergency Maintenance”) shall not be considered an outage as described in or subject to the terms of the Service Availability Guarantee.
You are solely responsible for providing GrantVantage accurate and current contact information for your designated points of contact so that GrantVantage can notify you of any Scheduled Maintenance or Emergency Maintenance actions.
Service Availability Guarantee
In the event you experience the unavailability of the Software as a result of a covered failure, GrantVantage will issue a credit for your license fees, as described below.
Software Unavailability consists of the total duration that your Software instance was not available to you for a reason other than: (a) Scheduled Maintenance (whether or not a notification was received by you); (b) Emergency Maintenance (whether or not a notification was received by you); (c) interruptions caused by Microsoft Azure or Microsoft Dynamics CRM; (d) interruptions caused by Force Majeure events (as defined below); (e) your internet connectivity; (f) your applications, equipment, or facilities; (g) your acts or omissions; (h) your unauthorized use, as defined in the End User License Agreement (http://www.grantvantage.com/legal/eula); (i) your development, configuration or administrative activities; (j) termination or suspension of your access to the Software for non-payment of license fees; (k) termination or suspension of your access to the Software for your failure to provide GrantVantage with continuous access to the Hosting Environment; or (l) services provided by a party other than GrantVantage for you.
Service Credit Request Process
At your request, GrantVantage will calculate your Software Unavailability and the applicable Service Credit Amount. All requests for credits must be made no later than two (2) weeks following the occurrence of the Software Unavailability.
All request for Service Credits must be sent by e-mail to firstname.lastname@example.org and must include: (a) organization name; (b) administrative contact’s name and contact information; (c) date and beginning/end time of outage; and (d) a brief description of the characteristics of the outage.
Service Credit Amount
If your cumulative Software Unavailability exceeds four (4) hours during your annual license period, you will receive a credit in the amount of five percent (5%) of the license fees paid for the applicable annual license period. If your cumulative Software Unavailability exceeds eight (8) hours during your annual license period, you will receive a credit in the amount of ten percent (10%) of the license fees paid for the applicable annual license period.
No credits shall be available for trial periods or other instances where license fees have been waived or otherwise abated. Credits are non refundable and may only be applied towards future payments owed by you to GrantVantage.
In the event that GrantVantage’s performance is delayed, prevented, obstructed, or inhibited because of any act of God, fire, casualty, delay or disruption in transportation, flood, war, strike, lockout, epidemic, destruction or shutdown of facilities, shortage or curtailment, riot, terrorism, insurrection, governmental acts or directives, any full or partial failure of any communications or computer network or any cause beyond such party’s reasonable control, GrantVantage’s performance will be excused and the time for the performance will be extended for the period of delay or inability to perform resulting from such occurrence. The occurrence of such an event will not constitute grounds for a declaration of default by GrantVantage hereunder.