SERVICE LEVEL
- Availability. The Authentic8 Service will be available 99.9% of the time per month, except for any scheduled maintenance or Service Interruptions (“Uptime Availability”). The Authentic8 Service (or a portion of the Authentic8 Service) may be unavailable at certain times, for any unanticipated or unscheduled emergency maintenance or unavailability as a result of (i) circumstances beyond Authentic8’s reasonable control, including without limitation, acts of God, acts of government, pandemics, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving our employees), or (ii) third party service provider failures, outages, delays, or denial of service attacks (collectively, “Service Interruptions”).
- Remedies. If the Authentic8 Service does not meet the Uptime Availability in any given calendar month (excluding any scheduled maintenance or Service Interruptions), then Authentic8 will credit Customer a percentage of the Subscription Fees for that month as follows:
Service Availability
|
Service Credit
|
| 99.5% - 99.9% |
20% |
| 99% - 99.5% |
40% |
| <99% |
100% |
Service credits must be requested in writing within 10 business days after the month following such service level unavailability and shall be subject to verification by Authentic8. This credit will be applied against future Subscription Fees. If the Authentic8 Service does not meet the Uptime Availability for two (2) consecutive months in any three (3) month period, or four (4) times in any twelve (12) month period, Customer may terminate the Agreement and Authentic8 will refund the unused portion of the Subscription Fees that Customer had paid for the Authentic8 Service for the remainder of the Subscription Term. This section states Customer’s sole and exclusive remedy for the unavailability of the Authentic8 Service.
