Overview
Quavo will use commercially reasonable efforts to make the SaaS Services Production Environment available with a Monthly Uptime Percentage of 99.9% (the service level agreement, or “SLA”), as calculated below:
Where:
"Scheduled Availability" means the total number of minutes in the subscription month during which the production environment is scheduled to be available.
“Unavailability” means the number of minutes that the production environment was unresponsive.
In the event that the Monthly Uptime Percentage does not meet the SLA during a month, Client is eligible to receive a credit equal to 10% of the monthly fees for such subscription month. Quavo will apply any SLA credits against monthly fees due under the applicable Schedule in future months.
To receive an SLA credit, clients must submit a written request to Quavo. The request must include the dates and times of each incident of Unavailability, within 30 days of the end of the subscription month in which the alleged Unavailability occurred. If the Monthly Uptime Percentage is confirmed by Quavo not to have met the SLA, then Quavo will issue the SLA credit within one billing cycle following the month in which the request is received.
This SLA does not apply to Unavailability that may result from temporary suspension of the subscription in the event of a denial-of-service (DoS) attack or other external event that Quavo reasonably determines may create a risk to the subscription. During such times, Quavo will use reasonable efforts to give Client prompt email notice of the suspension, as well as updates regarding resumption of service.