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Service Level Agreement

Last Updated: Jan 26, 2021

1. Introduction and Scope

This Service Level Agreement (“SLA”) applies to the (a) availability of Census’s Core Services, and (b) Census’s Data Delivery Services for connections to Customer data sources and destinations, both as described in this SLA. If Census does not achieve and maintain the Service Levels for each Service as described in this SLA in a given calendar month, then Customer may be eligible for a credit of a portion of its monthly service fees to be applied to future purchases of Census services. Any modifications to the terms of this SLA will not be effective during the initial term of Customer’s subscription; however, if Customer renews its subscription, the version of this SLA then in effect at the time of renewal will apply throughout the renewal term(s). Census will provide at least ninety (90) days prior notice in the event of any material adverse modifications to this SLA.

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2. Definitions

2.1 "Core Services" – Census's web application for accessing, viewing, and controlling Census services.

2.2 "Data Delivery Services" – The data integration infrastructure for connectors specified on each Order Form.

2.3 "Downtime" - Downtime for Core Services means the Core Services are reachable, but available less than the applicable Uptime Commitment (as defined below), measured in minutes on a calendar month basis. Downtime for Data Delivery Services refers to situations where: (a) a connection is completely broken / not syncing data at all, or (b) schedule syncs during the calendar month in question are not On-Time Syncs. Actual Downtime is calculated as the number of minutes in a given calendar month that each of the Core Services and/or the Data Delivery Services are not experiencing Uptime.

2.4 "On-Time Syncs" – Syncs that begin their work within ten (10) minutes of their scheduled time.

2.5 "Service Credit" - A credit on Customer’s account equal to ((Downtime divided by the total number of minutes in the applicable calendar month) multiplied by (annual fee for Service/12). Service Credits for Core Services are calculated based on the subscription platform fees paid for the then-current term. Service Credits for Data Delivery are calculated based on the subscription connector fees paid for the affected connector(s) during the then-current term. Service Credits may only be redeemed for future purchases of Census services or applied to future invoices for Census services, and in no event shall a Service Credit exceed fifty percent (50%) of the total monthly fees for that Service in the calendar month that the incident giving rise to the eligibility of a Service Credit occurs. Notwithstanding anything to the contrary, Customer is only entitled to a Service Credit if Customer purchased a pricing plan that explicitly specifies inclusion of an Uptime Commitment.

2.6 "Uptime" means the number of minutes in a given calendar month that each of the Core Services and Data Delivery Services are not experiencing Downtime.

2.7 "Uptime Commitment" means the commitment made by Census that each of the Core Services and Data Delivery Services will experience Uptime of 99.9% of the minutes in a given calendar month.

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3. Scope

3.1 Core Service SLA
3.1.1 An example of Downtime with respect to Core Services would be if a user of Census's Web Application tries to access it and receives a 500 error page, or the application will not load.

3.2 Data Delivery Services SLA Definitions
3.2.1 For a Data Delivery Service to be covered by this SLA, each data source must be proven capable of syncing to Customer’s target service by successfully syncing the initial full sync, and then successfully syncing the maximum of either twenty-five (25) incremental syncs or two (2) days of continuous successful syncs.

3.2.2 Data Delivery Services SLA applies solely to the sources and destinations specified on the Customer's executed Order Form. If Customer wishes to add or remove Data Delivery Services, Customer must notify Census by email, such additions or removals only effective upon Census’s email (or otherwise) confirmation. Additional fees may apply for such modifications.

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4. Claims

4.1 Within thirty (30) days of the end of the calendar month giving rise to the potential Service Credit, Customer must submit a claim for the Service Credit to Census customer support (support@getcensus.com) along with all information reasonably necessary for Census to validate each claim, including without limitation: (i) a detailed description of the incident; (ii) information regarding the time and duration of the Downtime; (iii) the impacted services; (iv) the number and location(s) of affected users (if applicable); and (v) descriptions of Customer’s attempts to resolve the incident.

4.2 Census will evaluate all reasonably available information and make a good faith determination of whether a Service Credit is owed pursuant to this SLA. Census will use commercially reasonable efforts to process claims within forty-five (45) days of receipt. Customer must be in compliance with the Agreement to be eligible for Service Credits. If a Service Credit is owed to Customer, Census will apply the Service Credit to Customer’s subsequent service term or to any additional Services added during the current term.

4.3 Service Credits are Customer’s exclusive remedy and Census’ sole liability for performance or availability issues for any Service under the Agreement and this SLA. Customer may not unilaterally offset Service Fees for any performance or availability issues.

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5. Limitations

5.1 Downtime expressly excludes unavailability due to any of the following:

  • Maintenance requested by Customer, scheduled maintenance or unscheduled emergency maintenance, either by Census or by third-party providers. Census will provide seven (7) days advance notice in writing or by e-mail of any scheduled maintenance, not to exceed twenty-four (24) hours per month.
  • Failure of equipment, software, or other parts of the Services not listed as a Core Service or Data Delivery Service.
  • Outages of third party connections or public utilities, or other reasons beyond Census's reasonable control.
  • Where Census's cloud vendors (e.g. Amazon Web Services or Heroku) experience downtime, then the Core Services or Data Delivery Services will not be considered to experience Downtime during this downtime period.
  • Use of equipment, software or Services by Customer that in a way are not explicitly recommended by, or under the control of, Census.
  • Customer’s acts or omissions that delay, hinder, or prevent Census from providing the Services, such as removing Census's access to Customer data warehouses or services.
  • Unsupported equipment, software or other third-party services which are not fully functional, including without limitation undocumented API changes, API limits, or sync failures due to new or modified data that disrupts the schema mapping rules.
  • Customer’s material breach of any provision of its agreements with Census, or Census’s reasonable responses thereto.
  • Where the Service is a beta release or other pre-production release of a component of the Services.

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