Service Level Agreement

1. DEFINITIONS

The following terms, as used in this Service Level Agreement (“SLA”), are defined as follows:

• “Downtime” means the total amount of time during a calendar month, measured in minutes,  during which the features and functions of the Services are not available for use by Customer, excluding Excluded Outages.
• “Error” means a bug, defect, malfunction, or failure of the Services to conform to the Documentation, resulting in the inability to use, or material restriction in the use of, the Services.
• “Excluded Outages” means inability to use the features or functions of the Services due to: (a) failure of or problems with public network or communications or non-HackerRank components; (b) user error; (c)  Customer’s breach of any provision of the Agreement or non-compliance with this SLA; (d) non-performance or incompatibility with HackerRank Services of Customer’s equipment or software; (e) Force Majeure Events; or (f) Scheduled Downtime.
• “Scheduled Downtime” means the total amount of time during a calendar month, measured in minutes, during which the core features and functions of the Service are not available for use due to planned system maintenance by HackerRank as set forth in this SLA.
• “Update” means a Services modification or addition that, when made or added to the Services, corrects an Error, or a procedure or routine that, when observed in the regular operation of the Services, eliminates the practical adverse effect of an Error.
• “Monthly Uptime” means the total number of minutes in a given calendar month, expressed as a percentage, during which the features and functions of Services are available for use, calculated as follows:
  Monthly Uptime = (Total minutes in the month - Downtime minutes in the month) / Total minutes in the month
• “Monthly Uptime Calculation” means the Monthly Uptime calculated in accordance with the metrics available at: https://uptime.com/s/hackerrank.
• Capitalized terms:  Capitalized terms not defined in this SLA but defined in the Agreement mean as defined in the Agreement.

2. MONTHLY UPTIME

1. Uptime Metrics.  HackerRank will use commercially reasonable efforts to maintain Monthly Uptime as follows:

2. Monthly Uptime Calculation. The Monthly Uptime Calculation, maintained by HackerRank in good faith, will serve as the sole and final metric for calculating Monthly Uptime and all related calculations under this SLA.
3. Downtime Reporting. If HackerRank becomes aware of a Downtime, HackerRank will promptly notify Customer of that Downtime (whether or not for system emergency), including a description of the Downtime and the estimated time until the affected Services resume normal operations. If Customer becomes aware of a Downtime prior to receiving notice thereof from HackerRank, Customer will report that Downtime to HackerRank promptly upon becoming aware of the Downtime.
4. Reporting Monthly Uptime Failures. If Customer claims, upon a reasonable basis, that HackerRank has failed to achieve its Monthly Uptime Commitment in any given month, Customer will provide HackerRank with a report thereof (“Uptime Failure Report”) within 30 days of the claimed Monthly Uptime failure.  HackerRank will verify all Uptime Failure Reports against the Monthly Uptime Calculation.  Customer Uptime Failure Reports must contain true and correct information of the following:
   1. SLA Service(s) that form the basis of the claim;
   2. Customer billing information, including company name, billing address and phone number, and billing personnel contact;
   3. Downtime information with dates and time periods for each instance of Downtime during the applicable month; and
   4. An explanation of the claim, including relevant calculations.
5. Monthly Uptime Remedies. If, after receiving an Uptime Failure Report, HackerRank verifies, in good faith based on the Uptime Calculation, that the Monthly Uptime Commitment was not satisfied, HackerRank will provide Customer with the corresponding Service Credit as detailed in the table below. The Service Credit percentage will be calculated in relation to the pro-rata Fees payable for the month in which the Monthly Uptime Commitment was not satisfied.  Services Credits will be applied as a monetary credit of the corresponding amount of the Service Credit toward Fees payable for Customer’s next Services Term or, if the Agreement expires or is terminated, as a pro-rata refund corresponding to the Service Credit amount upon termination or expiration.

6. Termination Right. In addition to the Service Credits, if the Monthly Uptime for a calendar month is below 90%, Customer may terminate the Agreement upon 30 days’ written notice to HackerRank, which notice must be given within 30 days of the end of the calendar month in which the Monthly Uptime was less than 90%.THIS SECTION 2 SETS FORTH CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND HACKERRANK’S ENTIRE LIABILITY FOR ANY FAILURE TO MEET THE MONTHLY UPTIME COMMITMENT AND/OR ANY OTHER TERMS OF THIS SLA.

3. ERRORS AND SUPPORT

1. Errors and Support. Customer will report to HackerRank any Error in the Services promptly upon becoming aware of the Error. Upon receiving notice of an Error, HackerRank will use commercially reasonable efforts to respond to Customer and resolve or provide a reasonable bypass to the Error within the initial target response time corresponding to the level of Error priority, in accordance with the following table:

2. Support. HackerRank will provide Customer support via support@hackerrank.com and chat, available Monday through Friday on a twenty-four (24) hour basis beginning at 6:00 a.m. on Monday and ending at 5:00 p.m. on Friday for each applicable region where HackerRank maintains Customer account support teams, and excluding public holidays in the respective region. Certain support services under this SLA may be provided by HackerRank Affiliates, with HackerRank remaining primarily responsible therefor.
3. Conditions for Providing Support. HackerRank’s obligation to provide support services in accordance with this SLA is conditioned upon the following: (i) Customer makes reasonable efforts to solve the Error after consulting with HackerRank; (ii) Customer provides HackerRank with reasonably sufficient information and resources as may be reasonably necessary to correct the Error, as well as limited and reasonable access to the personnel, hardware, and any additional systems involved solely in discovering the Error; (iii) the Error was not caused by Customer’s breach of the Agreement or Customer’s gross negligence, malfunction in Customer’s own or a third party software or services, a problems with an individual User’s equipment or software, or Force Majeure; (iv) Customer has paid HackerRank all Fees then-payable under the Agreement.
4. Disaster Recovery. HackerRank will use commercially reasonable efforts to maintain the availability of Services in the event of a Downtime. Load balancing and auto scaling have been configured throughout HackerRank’s technical stack. A content delivery network is used to deliver the Services to customers  around the world in the most efficient manner possible. In addition to its “hot” production environment, HackerRank maintains a “warm” environment with a different hosting provider in the event of a Downtime that is localized to the “hot” production hosting provider. HackerRank’s production operations are supported by Amazon Web Services (“AWS”); AWS maintains a SOC SSAE 16 report. HackerRank only leverages data centers that are located within the continental United States.

4. REPORTS AND NOTICES UNDER THIS SLAAll reports and notices to be delivered to HackerRank under this SLA must be sent to HackerRank’s support center at: support@hackerrank.com.