During the Term of the applicable CloudCheckr Inc. (CCI) Agreement (the “Agreement”), the CCI Covered Services web interface will be operational and available to Customer at least 99% of the time in any calendar month (the “CCI SLA“). If CCI does not meet the CCI SLA, and if Customer meets its obligations under this CCI SLA, Customer will be eligible to receive the Service Credits described below. This CCI SLA states Customer’s sole and exclusive remedy for any failure by CCI to meet the CCI SLA.
The following definitions shall apply to the CCI SLA:
“Downtime” means, for a domain, if there is more than a ten percent user error rate. Downtime is measured based on server side error rate.
“CCI Covered Services” means the CCI Service.
“Monthly Uptime Percentage” means total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month.
“Scheduled Maintenance” means those times where CCI notifies Customer of periods of expected Service disruptions at least 5 days prior to the commencement of such Service disruption.
“Service” means the CCI service (also known as CCI), provided by CCI to Customer under the Agreement.
“Service Credit” means the following:
Customer Must Request Service Credit. In order to receive any of the Service Credits described above, Customer must notify CCI within thirty days from the time Customer becomes eligible to receive a Service Credit. Failure to comply with this requirement will forfeit Customer’s right to receive a Service Credit.
Maximum Service Credit. The aggregate maximum number of Service Credits to be issued by CCI to Customer for all Downtime that occurs in a single calendar month shall not exceed five days of Service added to the end of Customer’s term for the Service. Service Credits may not be exchanged for, or converted to, monetary amounts.
Scheduled Maintenance. Errors Requests that result from Scheduled Maintenance do not count against the SLA. There will be no more than 10 hours of aggregate Scheduled Maintenance per monthly billing cycle.
Cloud SLA Exclusions. The CCI SLA does not apply to any services that expressly exclude this CCI SLA (as stated in the documentation for such services) or any performance issues: (i) caused by factors described in the “Limitation of Liability” section of the CCI Terms of Service Agreement; (ii) that resulted from Customer or third party software or hardware, or as a result of action or inaction on behalf of the Customer or third party; (iii) that resulted from Customer’s Cloud Deployment performance; (iv) that resulted from cloud provider service disruptions outside the control of CCI; (v) Problems outside of CCI’s reasonable control.
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