The following sets forth the Service Level performance standards for the EveryoneSocial Platform.
Availability – Uptime and Downtime.
EveryoneSocial shall ensure that the Platform is fully functional, accessible and online 99.5% of the time in a calendar month, excluding Excused Downtime (“Availability”). “Excused Downtime” shall mean and include the following:
Platform Maintenance as defined below
- Non-Availability due to force majeure, as specified in the Agreement
- Performance issues associated with Customer’s computers, networks, systems or the Internet
- Performance issues associated with Customer’s Internet Service Provider (ISP) connections or performance
- Performance issues arising from misuse of the Platform by the Customer
- Non-Availability or outages caused by third-party provided data and/or third-party supporting systems
If EveryoneSocial fails to maintain Availability (or experiences a problem that results in the non-function of the Platform), Customer will be entitled to receive a credit (the “Service Credit”) in accordance with the following schedule for the Eligible Credit Period. The “Eligible Credit Period” is a single month during the Term, and refers to the monthly billing cycle in which the most recent non-Availability event included in the Service Level Performance claim occurred.
Availability Service Credit.
99.50% or more – N/A (no credit due)
99.40% to 99.49% – 10%
99.00% to 99.39% – 25%
98.00% to 98.99% – 35%
95.00% to 97.99% – 50%
Below 95.00% – 100%
EveryoneSocial will provide to Customer, at no additional charge, direct access and support for purposes of reporting and quickly addressing any failure of Availability of the Platform.
“Platform Maintenance” is routine maintenance and downtime scheduled from time to time by EveryoneSocial to maintain, manage and update the Platform. EveryoneSocial will provide Customer with at least two (2) business days’ written notice of any Platform Maintenance that may impact Availability, and will schedule Platform Maintenance windows in order to minimize any disruption to Customer. EveryoneSocial reserves the right to schedule emergency Platform maintenance windows when necessary and will provide Customer with as much advance notice as is reasonably possible under the circumstances.