Effective Feb. 5, 2024

1. SLA

WordPress VIP will use commercially reasonable efforts to ensure that the core production features of the WordPress VIP Platform are available at least 99.95% of the time (or such higher number as set forth in Customer’s Order Form) during each calendar month (the “Uptime SLA”).

This Uptime SLA only covers production features of the WordPress VIP Platform and does not cover non-production environments, other features of the platform, other services provided by WordPress VIP or any third-party services made available by WordPress VIP including, but not limited to, GitHub, CircleCI, the VIP Dashboard, VIP-CLI, Jetpack, Parse.ly Analytics, and Enterprise Search.

2. Definitions

Availability will be calculated per calendar month as follows:

(total minutes in the month – downtime) / total minutes in the month

Downtime is the sustained inability of users to perform core actions on the WordPress VIP Platform including creating, updating, and reading content.

By way of clarification, the inability of users to do any of the following shall count as downtime:

• Read from a WordPress application.
• Log into and create a post on a WordPress application.
• Make a read API call to a WordPress application.
• Make a write API call to a WordPress application.
• If applicable, read from a Node.js application.

3. Exclusions

Notwithstanding anything set forth above, the following types of outages shall not count as downtime:

• Outages that are ephemeral in nature and resolve themselves in less than one minute;
• Outages caused by factors outside of WordPress VIP’s reasonable control, including any force majeure event;
• Outages that result from any actions or inactions of Customer or any third parties engaged by Customer, including missing Customer data, WordPress configuration errors made by Customer, or Customer’s use of the Services in excess of the limits set forth in its Order Form;
• Outages caused by programming errors in Customer’s custom code or programming errors in any customer managed third-party plugins;
• Outages related to non-production environments;
• Outages caused by malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code found in Customer’s application or hosted sites that were not introduced by WordPress VIP; and
• Outages caused by Customer’s content delivery network.

WordPress VIP will nevertheless use commercially reasonable efforts to minimize any disruption to, inaccessibility of, and/or inoperability of Customer’s website in connection with the excluded outages described above.

4. Service Credits 

WordPress VIP will issue a service credit if it fails to achieve the Uptime SLA in a given month; provided, however, that Customer must request such credit in writing. Such credits shall be calculated per the applicable table below using the hosting and support fees paid by Customer for such month as the basis of the calculation (the “Monthly Service Fee”). Service credits are non-refundable. Service credits will only be issued if Customer’s account is fully paid up without any outstanding payment issues or disputes.

99.9% Uptime SLA

System Availability %	Percent of Monthly Service Fee Paid as Credit
99.89 – 99.71	5%
99.7 – 99.61	10%
99.6 – 99.51	15%
99.5 – 99.41	20%
99.4 – 99.31	25%
99.3– 99.21	30%
99.2 – 99.11	35%
99.1 – 99.01	40%
99.0 – 98.91	50%
98.9 – 98.81	60%
98.8 – 98.71	70%
98.7 – 98.61	80%
98.6 – 98.51	90%
98.5 – 0.00	100%

99.95% Uptime SLA

System Availability %	Percent of Monthly Service Fee Paid as Credit
99.94 – 99.76	5%
99.75 – 99.66	10%
99.65 – 99.56	15%
99.55 – 99.46	20%
99.45 – 99.36	25%
99.35– 99.26	30%
99.25 – 99.16	35%
99.15 – 99.06	40%
99.05 – 98.96	50%
98.95 – 98.86	60%
98.85 – 98.76	70%
98.75 – 98.66	80%
98.65 – 98.56	90%
98.55 – 0.00	100%

99.99% Uptime SLA

System Availability %	Percent of Monthly Service Fee Paid as Credit
99.98 – 99.80	5%
99.79 – 99.70	10%
99.69 – 99.60	15%
99.59 – 99.50	20%
99.49 – 99.40	25%
99.39 – 99.30	30%
99.29 – 99.20	35%
99.19 – 99.10	40%
99.09 – 99.00	50%
98.99 – 98.90	60%
98.89 – 98.80	70%
98.79 – 98.70	80%
98.69 – 98.60	90%
98.59 – 0.00	100%