Service Level Agreement
E-dreamz will use commercially reasonable efforts to avoid and remedy situations in which Client's website is unresponsive or degraded. This Service Level Agreement (“SLA”) describes the remedies available to Customer in the event the Echo by E-dreamz website application, as reported by E-dreamz' Uptime Robot service (the “Service”) falls below the service levels provided herein
Service Availability. The Client acknowledges that E-dreamz will schedule a system maintenance period, as defined below. E-dreamz may occasionally have to interrupt services outside of this time period, including for purposes of upgrades and maintenance to the application and the data center. The Service Levels provided under this SLA do not include any problems caused by modifications by Customer not made or authorized by E-dreamz. Notwithstanding anything contained herein to the contrary, the parties agree on the following definitions, terms and conditions:
“Permitted Downtime” means any time during a calendar month in which Customer is not able to access their website: (a) a scheduled maintenance period; (b) any maintenance outside the scheduled maintenance for which E-dreamz shall endeavor to provide notice to Customer in advance; (c) an emergency maintenance period in which E-dreamz is required to provide maintenance as a result of conditions beyond E-dreamz’ control, including, without limitation, a Force Majeure Event (as hereinafter defined) or otherwise, which maintenance is required to be performed on an emergency basis to maintain Total Scheduled Availability; (d) software or hardware not provided, controlled or authorized by E-dreamz; (e) Force Majeure Events; (f) negligent or willful acts of Customer or its users; and (g) Customer’s failure to implement commercially reasonable changes in equipment or software recommended by E-dreamz as essential to maintain service levels.
“Downtime” means any time during a calendar month in which customer's website is unresponsive for any reason other than a Permitted Downtime.
“Force Majeure Events” means any event or condition that directly or indirectly prevents E-dreamz from performing the Services hereunder, is beyond the reasonable control of E-dreamz, and could not, by the exercise of due diligence, have been avoided in whole or in part by E-dreamz, and shall include, subject to the foregoing and without limitation: any act of God, natural disaster, earthquake, war, riot, civil war, blockade, insurrection, cyber-attack (hacking and DDOS), acts of public enemies, civil disturbances or general restraint or arrest of government and people, boycott, strike (including a general strike), service interruption by a telecommunications services provider, interruption by a domain registrar or DNS provider, or connectivity delays with internet providers outside of E-dreamz reasonable control.
“Total Scheduled Availability” means 7 days a week, 24 hours a day in a calendar month, in minutes.
“Actual Uptime” means Total Scheduled Availability minus Downtime, in minutes.
“Actual Uptime Percentage” means the Actual Uptime divided by the Total Scheduled Availability multiplied by 100 (Actual Uptime/Total Scheduled Availability X 100).
Service Availability Credits. If during Customer’s Service Term, the Actual Uptime Percentage during any calendar month is lower than 99.99%, and Customer requests a credit in writing within ten (10) calendar days of the Downtime, E-dreamz will give Customer a credit with respect to the Service fees paid by Customer for that month for the Services that were affected by the Downtime by a percentage equal to the applicable service credit percentage set forth below. Such credit will be applied to Customer’s next monthly invoice.
|Actual Uptime Percentage
|Percentage 99.80% to 99.98% (inclusive)
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