AwareX will use all reasonable efforts to make the awareX Subscription Service available to the Customer 24 hours a day and 7 days a week during the term of the applicable Order Form (herein “Service Availability”).
The performance standards set forth in this Section 5 do not include service outages or system latency directly caused by Customer, by its Systems or Backend Connections, by applications on Customer’s servers, by problems associated with Customer’s web site or web servers, failure of Internet connectivity due to Customer’s or its suppliers’ equipment or services or by Customer specifications that do not meet AwareX compatibility requirements, including but not limited to:
- Circumstances beyond AwareX's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA.
- Failure of network connections.
- DNS issues outside the direct control of AwareX.
- Interruptions of service caused by denial of service, virus or similar attacks or other forms of intrusion.
- Failure of interfaces to Customer’s back-end applications supplied to AwareX either by Customer or Customer’s partners/suppliers.
- Uncommunicated changes to interfaces or Customer’s back-end applications supplied to AwareX either by Customer or Customer’s partners/suppliers. AwareX requires adequate lead time to adopt to such changes to perform work to support such changes without interruption of service.
- Failures of Customer or Customer partner/supplier provided applications and systems necessary to enable the awareX Subscription Service.
- Maintenance downtime as described in Section 5.2 below.
- Customer caused outages or disruptions, and failures in Customer provided applications and systems necessary to enable the awareX Subscription Service.
- End-User device issues such as failure to have an appropriate data plan, improperly configured data connection settings, improper browser settings, etc.
Scheduled Maintenance Downtime. AwareX will provide Customer with at least 7 days’ notice of any scheduled maintenance downtime. Down time due to scheduled maintenance shall not exceed 2 hours per quarter. AwareX reserves the right to perform immediate emergency maintenance, without prior notification, should it be deemed necessary to resolve a security breach.
Monitoring and Diagnostics Tests. AwareX monitors the platform on a 24x7 basis and regularly executes diagnostic tests to determine the availability of the awareX Subscription Service. The results of these tests will be utilized for determining the service availability and SLA compliance.
Service Outages. In the event AwareX discovers, or Customer notifies AwareX regarding, a problem associated with the awareX Subscription Service, AwareX will use all reasonable efforts to determine the source of the problem. If the source of the problem is limited to AwareX’s infrastructure, AwareX will use all reasonable efforts to remedy the problem. If the source of the problem and/or remedy resides outside of AwareX’s infrastructure, AwareX will use all reasonable efforts to notify the responsible party(ies) and cooperate with it (them) to resolve such problem as soon as possible.
Service Availability Targets. AwareX shall ensure service availability of 99.99% for the awareX Subscription Service, excluding any planned downtime.Service Availability Credits
- AwareX will issue Customer credit against future Usage Fees (“Service Availability Credit”) for service unavailability to end users time within a calendar month in deficit of the service availability targets in accordance with the service credit table below.
- Notwithstanding anything to the contrary herein, the total amount credited to Customer in a particular month under this SLA shall not exceed the total Usage Fees paid by Customer for such month where the awareX Subscription Service was unavailable to end users. Credits are exclusive of any applicable taxes charged to Customer or collected by AwareX.
|Percentage of availability below the required 99.99% Service Availability measured and reported on a monthly basis||Service Credit calculated as a percentage of the Service pro-rata monthly fees payable under this Agreement|
|Less than 99.99% and equal to or greater than 99.9%||3%|
|Less than 99.9% and equal to or greater than 99.0%||5%|
|Less than 99.0||10%|