Service Level Agreement

 

THIS E-HOSTING SERVICE LEVEL AGREEMENT (this "SLA") states SolidSpace's commitment to each Customer: (i) with which SolidSpace has entered into a fully-executed e-Hosting Master Services Agreement (the "Agreement") currently in effect, including Exhibits to the Agreement that are applicable to the Services SolidSpace is providing; and (ii) that is in good financial standing with SolidSpace, or not otherwise in default of the Agreement.

SolidSpace's goal is to limit downtime for the Services ("Service Unavailability") to less than one hour per calendar month. In the event that there is a Service Unavailability, Customer must notify SolidSpace's customer support by calling SolidSpace's support line at [1-888-340-0020] or by sending an electronic mail message to [support@SolidSpace.com] within seven (7) calendar days after Customer experiences the Service Unavailability. For security purposes, the body of this e-mail message must contain Customer's account number, the date and time of the Service Unavailability, and such other Customer information and identification requested by SolidSpace. If SolidSpace determines, in its reasonable judgment, that the reported Service Unavailability is due to an outage caused solely by aspects of the network or Services exclusively managed and controlled by SolidSpace, that outage will be used to calculate Service Unavailability for the remedies provided below. SolidSpace's records and data will be the basis for all Service Availability calculations and determinations (unless Customer can prove that SolidSpace's calculations are clearly incorrect). Service Unavailability shall not include: (i) Scheduled Maintenance (as defined below); (ii) any termination or suspension of Customer's Service for breach of any of the provisions of the Agreement; (iii) downtime due to Customer's web content or application programming, (iv) hardware, equipment or component failures; (v) acts or omissions of Customer or its agents; (vi) causes beyond SolidSpace's management or control, including without limitation, upstream provider outages, telephone or other carrier outages, unavailability of network components not provided or maintained by SolidSpace, or (vii) events of Force Majeure (as defined in Section 18.4 of the Agreement).


Service Availability Commitment Remedy
For each additional hour (or portion thereof) in excess of one hour of Service Unavailability per month, Customer shall be eligible for a credit on its account equal to 5% (up to a maximum of 100% per month) of the Customer's monthly Service Fee. A request for a credit must be submitted in writing by the Customer within seven (7) business days after the Service Unavailability.

Customers with multiple servers or multiple Service subscriptions will not receive credits for unaffected servers or Service subscriptions. Customer's account will not be credited more than once per month under this SLA. Credit to Customer's account, as provided above, is Customer's sole and exclusive remedy in the event of Service Unavailability, regardless of frequency or duration.


"Scheduled Maintenance" means: (i) any maintenance of SolidSpace's or Customer's software, server or equipment performed during a standard maintenance window on [Saturday 8 A.M. to 10 A.M. Eastern Time] where Customer is notified at least 48 hours in advance; (ii) any maintenance to the SolidSpace facility in which SolidSpace's or Customer's software, server or equipment is located performed during a standard maintenance window on [Saturday from 8 A.M. to 10 A.M. Eastern Time] where Customer is notified at least 48 hours in advance; or (iii) any maintenance of SolidSpace's or Customer's software, server or equipment required on an emergency basis where Customer is notified at least [six (6)] hours in advance. Notice of Scheduled Maintenance will be provided to Customer's designated point of contact by a method selected by SolidSpace (e.g., telephone, letter e-mail or fax); except that notice of emergency maintenance under subsection (iii) shall be made by either e-mail or telephone call.