Relax SLA/SLO definitions in quote template and any other agreements

In https://gitlab.com/gitlab-com/gl-infra/infrastructure/issues/5323#note_116886963, we learned that the NEW CUSTOMER ORDER FORM V3.03 (W/ SAAS SLA) quote template is using an SLA for GitLab.com that we're not comfortable with stating (yet). Specifically:

• We're not ready to commit to a service level. We'll make every effort to support a given service level, but we haven't had enough time to provide a contractual commitment.
  • Similarly, we're not ready to commit to financial penalties.

Relevant sections

4. SERVICE LEVEL OBJECTIVE
During the Subscription Term, the SaaS Services will provide a Monthly Uptime Percentage to Customer of at least 99.95% (the “Service Level Objective” or “SLO”). 

5. DOWNTIME CREDITS
If GitLab does not meet the SLO, and if Customer meets its obligations under this Addendum, GitLab will credit Customer a prorated amount of the Subscription Fee paid by Customer attributable to the Downtime beyond the SLO (the “Downtime Credit”), except that in no event shall: (i) the Downtime Credit be greater than thirty-three percent (33%) of the pro-rata monthly portion of the Subscription Fee at issue; and (ii) periods of unavailability from different monthly periods be grouped together. In order to receive the Downtime Credit, Customer must notify GitLab within 30 days from the time Customer becomes eligible to receive the Downtime Credit. If Customer does not comply with this requirement, Customer forfeits its right to receive a Downtime Credit. If a dispute arises with respect to the Downtime, GitLab will make a determination in good faith based on its system logs, monitoring reports, and any other available information which GitLab will make available to Customer for auditing, upon Customer’s request. Such Downtime Credit will be applied towards the next Subscription Fee payment due from Customer. This remedy shall be Customer’s sole and exclusive remedy for any failure by GitLab to meet the SLO, and is in lieu of all other remedies. If GitLab does not meet the SLO in any three (3) consecutive months during the Subscription Term, Customer shall have the right to terminate the applicable Quote, and will be entitled to a prorated refund of all Subscription Fees paid for Subscription Services not rendered.

Proposed changes

In NEW CUSTOMER ORDER FORM V3.03 (W/ SAAS SLA) and other agreements that use the aforementioned language:

1. In 4. SERVICE LEVEL OBJECTIVE:
   • Revise to During the Subscription Term, the SaaS Services will attempt to provide a Monthly Uptime Percentage to Customer of at least 99.95% (the “Service Level Objective” or “SLO”), as measured by stats.gitlab.com.
2. In 5. DOWNTIME CREDITS:
   • Remove this section.