Callibrain SLA. During the Term of the applicable Callibrain Agreement (the “Agreement”), the Callibrain Services web interface will be operational and available to Customer at least 99.5% of the time in any calendar month (the “Callibrain SLA”). If Callibrain does not meet the Callibrain SLA, and if Customer meets its obligations under this Callibrain SLA, Customer will be eligible to receive Service Credits described below. This Callibrain SLA states Customer’s sole and exclusive remedy for any failure by Callibrain to meet the Callibrain SLA.
Definitions. The following definitions shall apply to the Callibrain SLA.
“Downtime” means, if there is more than a ten percent user error rate in accessing the system. Downtime is measured based on server side error rate.
“Monthly Uptime Percentage” means total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month.
“Service” means the Callibrain service provided by Callibrain to Customer under the Agreement.
“Service Credit” means the following:
- Monthly Uptime Percentage
- Days of Service added to the end of the Service term at no charge to Customer
- < 99.5% – >= 99.0%
- < 99.0% – >= 95.0%
- < 95.0%
Customer Must Request Service Credit. To receive any Service Credits described above, Customer must notify Callibrain within thirty days from the time Customer becomes eligible to receive a Service Credit. Failure to comply with this requirement will forfeit Customer’s right to receive a Service Credit.
Maximum Service Credit. The maximum number of Service Credits Callibrain will issue to Customer for all Downtime that occurs in a single calendar month shall not exceed fifteen days of Service added to the end of Customer’s term for the Service. Service Credits for Downtime in additional calendar months will be applied consecutively.
Callibrain SLA Exclusions. The Callibrain SLA does not apply to any services or any performance issues: (i) caused by factors described in the “Force Majeure” section of the Agreement; (ii) that resulted from Customer’s equipment or third party equipment, and (iii) Customers who only have “free” user accounts.