Forcepoint Cloud Services Service Level Agreement
1. Terms and Conditions
Forcepoint provides these SLAs in order to demonstrate its ongoing commitment to provide top quality Cloud service offerings for world class organizations and businesses.
1.1 Forcepoint provides these SLAs subject to the terms and conditions of the then current Forcepoint Subscription Agreement at: Subscription Agreement, and the Forcepoint Network Security Products License Agreement at: Network Security License Agreement, as may be updated by Forcepoint from time to time. The defined terms therein have the same meaning when used in this Service Level Agreement. The current version of these SLAs can be found at: https://www.forcepoint.com/company/terms-and-conditions and may be modified or updated by Forcepoint from time to time in its sole discretion with or without notice to the Subscriber or Licensee.
1.2 In order to receive a Service Credit under any of these SLAs, the Subscriber or Licensee must make a credit request in writing within five (5) days of the occurrence of the breach in service levels (or earlier if specifically set forth below). The Subscriber or Licensee must also promptly provide Forcepoint with evidence as reasonably requested by Forcepoint of the SLA violation subject to the Service Credit request. A “Service Credit” entitles the Subscriber or Licensee to the free use of the affected Cloud service for the time period set forth in the applicable SLA.
1.3 Credits for any Subscriber or Licensee problems with Forcepoint Cloud services will be provided under a single SLA for a single claim, with the SLA that the claim is based upon determined by the Subscriber or Licensee. One claim cannot result in Service Credits under multiple SLAs.
1.4 The SLAs will not apply to situations where:
· The Cloud service is unavailable for an hour or less, and the Subscriber or Licensee fails to report the unavailability in writing to Forcepoint within five (5) days thereafter.
· The Cloud service is incorrectly configured by the Subscriber or Licensee.
· The Subscriber or Licensee provides incorrect or inaccurate information (including change information) to Forcepoint.
· Forcepoint is performing scheduled or routine maintenance of the Cloud service, where the Subscriber or Licensee has been notified of the maintenance no less than five (5) days in advance, or as otherwise set forth below.
· The Subscriber’s or Licensee’s applications or equipment or Internet connection has failed.
· The Subscriber or Licensee is misusing the Cloud service or is otherwise in violation of the applicable Forcepoint Subscription Agreement or Network Security License Agreement.
· There are problems with the Subscriber’s or Licensee’s or a third party’s hardware or software, or problems caused by third-parties who gain access to the Cloud services using Subscriber’s or Licensee’s accounts or equipment.
· There is a network unavailability outside of the Forcepoint controlled systems (servers, hardware, and associated software) that are responsible for delivering the Cloud service.
· There are problems with the Subscriber’s or Licensee’s routing infrastructure (e.g. identity-provider or secure web proxy of a third-party).
· The Subscriber or Licensee has used the Cloud service for thirty (30) days or less.
· The Subscriber or Licensee is a trial or evaluation customer.
· The failure of the SLA is based on reasons beyond Forcepoint’s reasonable control as set out in the applicable Forcepoint Subscription Agreement or Network Security License Agreement.
1.5 The remedies set forth in this Service Level Agreement are the Subscriber’s or Licensee’s sole and exclusive remedy for any failure by Forcepoint to comply with the SLAs. Further information regarding remedies is set forth in the Forcepoint Subscription Agreement or Network Security License Agreement.
2. SLAs for Cloud Services – CASB Solution
· “NI” or ‘Network Infrastructure’ means the group of Forcepoint controlled systems (servers, hardware, and associated software) that are responsible for delivering the CASB solution.
· “NI Outage” means a period when the Forcepoint NI fails to direct web traffic to the Subscriber or Licensee site.
· “PI” or ‘Peripheral Infrastructure’ means the application access, configuration management, and all non-inline networking capabilities provided by Forcepoint to Subscriber or Licensee for use in connection with the CASB solution.
· “PI Outage” means a period when the Forcepoint PI is unavailable, outside a Scheduled Maintenance window.
· “Outage” means a NI Outage or PI Outage, as applicable.
· “Scheduled Maintenance” means maintenance performed (a) in which Subscriber or Licensee is provided electronic notice at least 48 hours in advance if Subscriber or Licensee has enrolled in automatic notifications, and (b) a recurring weekly maintenance window pertaining to the “PI” every Sunday between 3:00 AM Pacific to 3:00 PM Pacific. During this maintenance window the “PI” might be intermittently unavailable.
2.2 CASB Solution Availability (Uptime)
· The CASB solution will have a NI monthly uptime percentage of 99.999%.
· The CASB soluiton will have a PI monthly uptime percentage of 99.5%.
· Monthly uptime percentage is calculated by subtracting from 100% the percentage of 60 second periods during the calendar month in which the CASB solution is in a state of Outage. In the event Forcepoint does not meet the Monthly Uptime Percentage commitment, Subscriber or Licensee will be eligible to receive Service Credits calculated and applied as follows:
· Forcepoint will use all information reasonably available to it in order to calculate the Outage length, including analysis of service data immediately prior to the Outage period. If Forcepoint determines that there has been a NI Outage for more than 0.001% or a PI Outage for more than 0.5% of any calendar month, subject to the conditions of this Service Level Agreement, Forcepoint will make the following Service Credits available to Subscriber or Licensee:
1 min. – 120 min.
1 day’s credit
Outages of more than 120 min
1 day’s credit for every 2 full hours of outage
· A Service Credit due to a Subscriber or Licensee will: (1) not exceed thirty (30) in any one month period; and (2) be applied by Forcepoint to Subscriber’s or Licensee’s account. Service Credits for this Service Level Agreement will only be credited toward Subscrber’s or Licensee’s use of the CASB solution.