Last updated: 9th May 2025
This document is an Appendix to the Agreement (“Agreement”) by and between the Parties. This document describes the service levels applicable to the Metaplay Platform when provided as a software service by Metaplay to the Customer.
The actual Environments subject to service levels, as well as other commercial details shall be agreed between the Parties from time to time in an Order.
Subject to the Customer having an appropriate plan, Metaplay undertakes to ensure that the Metaplay Platform provided by Metaplay to the Customer as a software service under an Order is Available to the Customer 24 hours a day, 7 days a week (”Service Hours”).
The Availability target for the Metaplay Platform is for the Metaplay Platform to be Available on a level of at least 99,9% during the Service Hours. Availability is monitored separately for each Order.
For clarity, it is noted that if the Metaplay Platform used by the Customer under an Order is hosted by the Customer itself, it is never subject to any of the service level obligations set out herein.
“Availability” means that the Metaplay Platform is available at the access point of the public Internet.
“Downtime” means the total amount of full minutes during which the Metaplay Platform has not been available during the Services Hours for reasons other than scheduled maintenance breaks. When using the formula above, minutes shall be rounded to the closest full minute.
Availability shall be monitored in terms of one (1) calendar month using the following formula: Availability = (Service Hours – Downtime) / Service Hours * 100
Metaplay shall measure the actual Availability of the Metaplay Platform in its Production Environment at the access point of the public Internet at the production facilities of Metaplay or its subcontractors in accordance with Metaplay’s processes. Metaplay shall keep monthly records of service breaks, uptime and Downtime and store such information for twelve (12) months from its creation. Metaplay shall provide the Customer with reports of actual Availability monthly, in a format reasonably agreed upon by the Parties.
If the agreed Availability target has not been achieved, the Customer shall have the right to the following compensation, given to the Customer as service credits:
|
AVAILABILITY |
SERVICE CREDITS |
|
99,9% or better -> |
No credit |
|
99 % < 99,9 % |
10 % |
|
98 % < 99% |
30 % |
|
< 98% |
50 % |
Service credits are calculated as a percentage of the monthly invoice for the Metaplay Platform provided to the Customer under the relevant Order.
Service credits will be provided in the form of credit applied to future use of the Metaplay Platform and will be applied to the use of the Metaplay Platform taking place within ninety (90) days of the provision of the service credits, after which period any unused service credits shall expire without any further compensation.
Service credits may not be transferred or exchanged for cash or other forms of payment. Service credits issued under an Order may not be transferred or used under another Order.
The obligation of Metaplay to issue the service credits set out herein shall be Metaplay’s sole and exclusive liability and the Customer’s sole and exclusive remedy for any failure to comply with a service level set out herein. For the avoidance of doubt, a failure to achieve an agreed service level shall not constitute a breach of the Agreement.