Service Level Agreement (SLA)

Service Level Agreement. The Provider shall use commercially reasonable efforts to make the Service available with a Monthly Uptime Percentage of at least 99.9% during each calendar month (the "Uptime Commitment"). "Monthly Uptime Percentage" is calculated as: ((Total Minutes in Month - Downtime Minutes) / Total Minutes in Month) × 100. "Downtime" means any period during which the Service is unavailable, excluding Scheduled Maintenance and any unavailability caused by circumstances beyond the Provider's reasonable control. Scheduled Maintenance shall be performed during the maintenance windows specified in the Service Description and with at least seventy-two (72) hours' advance notice. If the Provider fails to meet the Uptime Commitment in any calendar month, the Customer shall be eligible for Service Credits as follows: 99.0% to 99.9% — 10% credit of monthly fees; 95.0% to 98.9% — 25% credit of monthly fees; below 95.0% — 50% credit of monthly fees. Service Credits are the Customer's sole and exclusive remedy for any failure to meet the Uptime Commitment. Customer must request Service Credits within thirty (30) days of the incident. Service Credits shall not exceed 50% of the monthly fees for the affected month and may not be exchanged for cash.