AVOLVE SOFTWARE CORPORATION - Laserfiche WebLink

Home Browse Search

a\ro'�Ve, software Service Level Commitment Avolve will use commercially reasonable efforts to make the Avolve SAAS Solution Available with an Annual Uptime Percentage of at least 99.95%, excluding Planned Downtime. In the event that Avolve does not meet this uptime commitment, Customer will be eligible to receive a service credit for 1% of the monthly fee for each one (1) hour of downtime during Customer's normal business hours, up to 50` o of Customer's Pro -Rated Monthly Subscription Fee. Definitions • "Annual Uptime Percentage" is calculated by subtracting from 100%the percentage of 10-minute periods during a calendar month in which the Avolve SAAS Solutions was Unavailable to Customer. • "Availability' means the ability to log into the Avolve SAAS Solution. • "Claim" means a claim for a service credit Customer submits by opening a support case with Avolve, on the basis that the hosted Avolve SaaS Product infrastructure has been Unavailable to Customerduring a service month. • "Pro -Rated Monthly Subscription Fee" is calculated by dividing the Customer's applicable annual Avolve SAAS Solution subscription fee by twelve. • "Unavailability" means the inability to log into the Avolve SAAS Solution. Service Credit Requests To receive a service credit, Customer must notify Avolve and submit a Claim within thirty (30) days from the incident that would be the basis for the claim. To be eligible, the Claim must include (a) the dates, times, description and duration of each incident experienced; and (b) the Customer's event logs or any other system telemetry that document the errors and corroborate the claimed Unavailability (any confidential or sensitive information should be removed). Failure to provide a timely Claim, which includes all the required information, will disqualifythe Claim and Customer from receiving a service credit. If Avolve validates the Claim, then Avolve will promptly issue the service credit. Service Credit Provisions Other than termination rights detailed in the terms of the Agreement, service credits are Customers sole and exclusive remedy for any failure of Avolve to provide the Avolve SAAS Solution in accordance with the terms of the Agreement. Service credits shall be a credit toward future services only and do not entitle Customer to any refund or other payment from Avolve. Service credits may not be transferred, applied to another account, exchanged for, or converted to monetary amounts. The maximum service credits awarded with respect to Claims the Customer submits in any calendar month shall not, under any circumstance, exceed in the aggregate 100% of the Customers Pro -Rated Monthly Subscription Fee for such month. Avolve will use all information reasonably available to it to validate Claims and make a good faith judgment on whether a service credit should be applied to the Claim. SLA Exclusions This SLA does not apply to any Availability or Unavailability of the Avolve SAAS Solution: • During Planned Downtime • Caused by Unsupported Issues Page 17 of 30