Laserfiche WebLink
(b) Any Service Level Credit payable to Customer under this Agreement will be issued to Customer in <br />the last calendar month of the Term. This Section 3 sets forth SmartWorks' sole obligation and liability <br />and Customer's sole remedy for any Service Level Failure. <br />4. Routine Scheduled Downtime. <br />For the purposes of this Schedule B, "Routine Scheduled Downtime" means a period of time during which <br />SmartWorks conducts routine system maintenance and for which SmartWorks has provided Customer <br />written notice a minimum of three business days prior to such period, which will be between 6PM and <br />midnight Central Time on weekdays and or any time on weekends, as agreed by the parties. <br />5. Factors Outside SmartWorks's Reasonable Control. <br />For the purposes of this Schedule B, outages due to force majeure events include power surges or network <br />or device failure external to SmartWorks' data centers. In the event of a force majeure event, SmartWorks <br />shall be entitled to take any actions determined, in its sole discretion, necessary or advisable to prevent, <br />remedy, mitigate, or otherwise address actual or potential harm, interruption, loss, threat, security, or like <br />concern to SmartWorks' hosting infrastructure resulting from such force majeure event ("Emergency Work"). <br />SmartWorks shall provide advance notice of such Emergency Work to Customer when practicable and <br />possible. SmartWorks shall not be held responsible for any deterioration of performance or un-Availability <br />during such force majeure events or Emergency Work. <br />6. Unauthorized Actions. <br />SmartWorks shall not be responsible for any un-Availability that results from Customer's unauthorized action <br />or lack of action when required, or from Customer's employees, agents, contractors, or vendors, or anyone <br />gaining access to the Services by means of Customer passwords or equipment, or otherwise resulting from <br />Customer failure to follow appropriate security practices. Although SmartWorks will use commercially <br />reasonable efforts to mitigate the effects of any such events, SmartWorks cannot guarantee that such events <br />will not occur. Accordingly, SmartWorks disclaims any and all liability resulting from or relating to such events. <br />7. Failure to Adhere to Requirements. <br />SmartWorks shall not be responsible for any un-Availability which results from Customer's failure to adhere <br />to any required configurations, follow any policies for acceptable use, or use of the Services in a manner <br />inconsistent with the features and functionality of the Services (for example, attempts to perform operations <br />that are not supported, exceeding prescribed quotas, if applicable, or suspected abusive behavior) or <br />inconsistent with SmartWorks' published guidance. <br />N. Harris Computer Corporation — Confidential Page 17 of 18 <br />25H-177 <br />