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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. “Subscriber” and “Licensee” under the Subscription Agreement and the Network Security License Agreement respectively are referred to as “Customer” in these SLAs. 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 Customer.

       1.2 In order to receive a Service Credit under any of these SLAs, the Customer 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 Customer 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 Customer to the free use of the affected Cloud Service for the time period set forth in the applicable SLA.

       1.3 Credits for any Customer problems with 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 Customer.  One claim cannot result in Service Credits under multiple SLAs.

       1.4 The SLAs will not apply to situations where:

            

General

  • The Cloud Service is unavailable for an hour or less, and the Customer fails to report the unavailability in writing to Forcepoint within five (5) days thereafter
  • The Customer has used the Cloud Service for thirty (30) days or less
  • The Customer is a trial or evaluation customer
  • The Customer is misusing the Cloud Service or is otherwise in violation of the applicable Forcepoint Subscription Agreement or Network Security License Agreement
  • 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

Configuration

  • The Cloud Service is incorrectly configured by the Customer, including use of Customer-provided networking equipment that does not meet the guidance in the Documentation
  • The Customer configures equipment, network, or software in a manner such that Customer’s connection does not utilize the high-availability capabilities of the Cloud Service
  • The Customer provides incorrect or inaccurate information (including change information) to Forcepoint

Operation

  • Forcepoint is performing scheduled or routine maintenance of the Cloud Service, where the Customer has been notified of the maintenance no less than five (5) days in advance, or as otherwise set forth below
  • Forcepoint is performing emergency maintenance to apply security patches to the Cloud Service

Connectivity

  • The Customer’s applications or equipment or Internet connection has failed, or equipment is switching between service connection points
  • There are problems with the Customer’s or a third party’s hardware or software, or problems caused by third parties who gain access to the Cloud Services using Customer’s accounts or equipment
  • There are problems with the Customer’s routing infrastructure (e.g. router, identity-provider or secure web proxy of a third-party)
  • There is a network unavailability outside of Forcepoint-controlled systems (servers, hardware, and associated software) that are responsible for delivering the Cloud Service

1.5 The remedies set forth in this Service Level Agreement are the Customer’s sole and exclusive remedy for any failure by Forcepoint to comply with the SLAs.  Further information regarding remedies is set forth in the Subscription Agreement or Network Security License Agreement.

2. SLAs for Cloud Services – CASB

       2.1 Definitions:

  • “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 Customer site.
  • “PI” or ‘Peripheral Infrastructure’ means the application access, configuration management, and all non-inline networking capabilities provided by Forcepoint to Customer 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 Customer is provided electronic notice at least 48 hours in advance if Customer 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 soluton 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, Customer 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 Customer:

Outage Length

Service Credit(s)

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 Customer will: (1) not exceed thirty (30) in any one month period; and (2) be applied by Forcepoint to Customer’s account.  Service Credits for this Service Level Agreement will only be credited toward Customer’s use of the CASB solution.

3.  SLAs for Cloud Services – Dynamic Edge

3.1  Service Availability (Uptime)

  • The Dynamic Edge will be available 99.999% of the time
  • Dynamic Edge “Service Unavailability” means the inability of Dynamic Edge to receive, process and forward web (HTTP/HTTPS) and non-web traffic in substantial conformance with Forcepoint’s Documentation, on behalf of the Customer and measured during any given calendar month.
  • In the event of Service Unavailability for more than 0.1% of any calendar month, following a request submitted by the Customer in accordance with Section 1 above, Forcepoint will credit the Customer account with one day’s Service Credit for each two (2) hour period of Service Unavailability, subject to a maximum credit of five (5) days in any one calendar month.