Service Level Terms
Last updated 5/16/2023
Service Level Terms
The Services, taken in their entirety, shall be provided with service availability equal or greater than 98%, measured monthly, excluding holidays and weekends and scheduled maintenance. If the Customer requests maintenance during these hours, any uptime or downtime calculation will exclude periods affected by such maintenance. Further, any downtime resulting from outages of third-party connections or utilities or other reasons beyond Company’s control will also be excluded from any such calculation. Customer’s sole and exclusive remedy, and Company’s entire liability, in connection with Service availability will be for the Service Credits identified below in Schedule A-1.
|Length of Unavailability:||Service Credit:|
|1 to 4 hours of continuous Unscheduled Downtime||1 day of fees credited (i.e., 1/30 monthly fee)|
|4 to 48 hours of continuous Unscheduled Downtime||2 days of fees credited (i.e., 1/15* monthly fee)|
|48 to 96 hours of continuous Unscheduled Downtime||5 days of fees credited (i.e., 1/6* monthly fee)|
|* Each block of 96 hours of continuous Unscheduled Downtime thereafter shall be credited 5 days of service fees.
* All Service Credits shall be applied to the next month’s fees.
Downtime shall begin to accrue as soon as the Customer (with notice to the Company) recognizes that downtime is taking place, and continues until the availability of the Services is restored. In order to receive downtime credit, the Customer must notify the Company in writing within 24 hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit. Such credits may not be redeemed for cash and shall not be cumulative beyond a total of credits for one (1) week of Service Fees in any one (1) calendar month in any event. The Company will only apply a credit to the month in which the incident occurred. The Company’s blocking of data communications or other Service in accordance with its policies shall not be deemed to be a failure of the Company to provide adequate service levels under this Agreement.