Service Level Agreement (SLA)
- Program shall mean computer program Yandex.Translate API.
- Licensee shall mean any person using the Program under the terms of the Offer available online at https://yandex.com/legal/offer_translate_api/.
- Uptime shall mean ability to send Requests to the Program and receive answers via Internet.
- Downtime shall mean inability of the Program to provide answers to Requests except for the cases set forth in clause 5 below.
- Downtime Period shall mean the total minutes in a reporting period (a month) during which the functionality of the Program are unavailable.
Monthly Uptime Percentage Commitment
The Monthly Uptime Percentage is calculated by the following formula:the total number of minutes in a month − Downtime Period the total number of minutes in a month × 100%
Yandex takes all reasonable and necessary efforts in order to ensure the Monthly Uptime Percentage at the rate not less than 99.95%.
Amount of Compensation
If the Monthly Uptime Percentage falls below 99.95% for any given month, the Licensee may be eligible for the following amount of compensation:
Monthly Uptime Percentage Amount of compensation in percentage of the Yandex remuneration for the month in which the fall of the Monthly Uptime Percentage occurred 99.9% — < 99.95% 5 99.0% — < 99.9% 10 95.0% — < 99.0% 20 < 95.0% 50
The maximum amount of compensation shall not exceed 50% of the Yandex remuneration for the month in which the Monthly Uptime Percentage fell below 99.95%.
Claim For Compensation
In order to receive compensation the Licensee shall submit a claim to the support service by e-mail at firstname.lastname@example.org within 7 (seven) business days from the moment of Downtime. This claim shall include:
- a detailed description of the event of Downtime;
- information regarding duration of the Downtime;
- the number and location of affected users (if applicable).
The claim sent by the Licensee after expiration of the term set forth above shall not be accepted and evaluated by Yandex.
The claim shall processed by Yandex within the term which shall not exceed 7 (seven) business days upon its receipt by the support service. After processing the claim Yandex shall at its own discretion determine whether the Licensee shall receive compensation and if yes - the amount of such compensation.
In the event Yandex makes a decision that the Licensee shall receive compensation, the amount of compensation calculated by Yandex in accordance with clause 3 of SLA corrects the monthly remuneration in the Reporting period in which the fall of the Monthly Uptime Percentage occurred. The corrected Licensee's account balance can be found in the Licensee's Account.
The Compensation shall not be provided to the Licensee in the event of Downtime due to:
- force majeure circumstances or any other factors outside of Yandex control;
- malfunction of the Licensee’s or third parties’ hardware or software;
- use by the Licensee old version of the Program after expiration of the term of its technical support by Yandex provided for in the Offer;
- use by the Licensee pre-release, beta or trial version of the Program (as determined by Yandex);
- breach by the Licensee the license terms set forth in the Offer;
- failure of the Licensee to adhere to the technical terms specified in the technical documentation to the Program;
- suspension or termination of access of the Licensee to the Program by Yandex as a result of breach by the Licensee the terms of the Offer.
Compensation is the sole and exclusive remedy of Yandex for nonperformance or undue performance of the obligation set forth in clause 2 of SLA and in this case the losses incurred by the Licensee shall not be reimbursed.