Subject to the terms of this SLA, the Addigy Service platform will have 99.9% Availability each calendar month (the “Uptime Commitment”).
The availability of the Addigy Service for a given month will be calculated according to the following formula (referred to herein as the “Availability”): Where: Total minutes in the month= TMM; Total minutes in month unavailable = TMU; and: Availability = ((TMM-TMU) x 100)/TMM.
For purposes of this calculation, the Addigy Service platform will be deemed to be unavailable to the extent it will not accept connections. The Addigy Service platform will not be deemed unavailable for any downtime or outages excluded from such calculation by reason of the exceptions set forth below in this SLA. Addigy’s records and data will be the sole basis for all SLA calculations and determinations.
Maintenance and Other Exceptions
The Addigy Service platform will not be considered to be Unavailable for any outage that results from any maintenance performed by Addigy (collectively referred to herein as “Maintenance”).
Services will not be considered Unavailable for any outage due to: (i) Customer provided items such as scripts, Data, or network unavailability or bandwidth limitations outside of the Addigy Service; or (ii) force majeure events.
Customer will have the rights set forth below relating to Addigy’s provision of the Addigy Service platform. This SLA provides Customer’s sole and exclusive remedy related to Addigy’s failure to meet the Addigy Service platform Uptime Commitment. All standards and commitments are subject to the limitations and exclusions set forth herein.
If the Availability of the Addigy Service platform for a given month is less than the applicable Uptime Commitment, but 99% or higher, Customer will receive a 10% service credit for the affected Addigy Service for such month. If the Availability of the Addigy Service platform for a given month is 98% or higher but lower than 99%, Customer will receive a 25% service credit for the affected Addigy Service for such month. If the Availability of the Addigy Service platform for a given month is lower than 98%, Customer will receive a 50% service credit for the affected Addigy Service for such month.
In the event Customer is not current in its payment obligations when an outage occurs, remedies will accrue, but service credits will not be issued until Customer becomes current in its payment obligations.
To receive service credits, Customer must submit a written request to finance@Addigy.com, within 30 days after the end of the month in which the Addigy Service failed to meet the Uptime Commitment, or Customer’s right to receive service credits with respect to such unavailability will be waived.