- Schedule 2 (Availability SLA)
| 1. | Introduction to availability SLA |
| 1.1 | This Schedule 2 sets out the Provider's availability commitments relating to the Hosted Services. |
| 1.2 | In this Schedule 2, "uptime" means the percentage of time during a given period when the Hosted Services are available at the gateway between public internet and the network of the hosting services provider for the Hosted Services. |
| 2. | Availability |
| 2.1 | The Provider shall use reasonable endeavours to ensure that the uptime for the Hosted Services is at least 99.5% during each calendar month. |
| 2.2 | The Provider shall be responsible for measuring uptime, and shall do so using any reasonable methodology. |
| 3. | Service credits |
| 3.1 | In respect of each calendar month during which the Hosted Services uptime is less than the commitment specified in Section 2.1, the Customer shall earn service credits in accordance with the provisions of this Section 3. |
| 3.2 | The service credits earned by the Customer shall be as follows: 10% of their monthly subscription fee only owed for the calendar month. |
| 3.3 | The Provider shall only deduct an amount equal to the service credits due to the Customer under this Section 3 from future amounts invoiced in respect of the Charges for the Hosted Services. All remaining service credits shall be deducted from each subsequent invoice issued following the reporting of the relevant failure to meet the uptime commitment, until such time as the service credits are exhausted. |
| 3.4 | Service credits shall be the sole remedy of the Customer in relation to any failure by the Provider to meet the uptime guarantee in Section 2.1, except where the failure amounts to a material breach of the Agreement. |
| 3.5 | Upon the termination of the Agreement, the Customer's entitlement to service credits shall immediately cease, save that service credits earned by the Customer shall be offset against any amounts invoiced by the Provider in respect of Hosted Services following such termination. |
| 4. | Exceptions |
| 4.1 | Downtime caused directly or indirectly by any of the following shall not be considered when calculating whether the Provider has met the uptime guarantee given in Section 2.1: |
| (a) | a Force Majeure Event; |
| (b) | a fault or failure of the internet or any public telecommunications network; |
| (c) | a fault or failure of the Provider's hosting infrastructure services provider, unless such fault or failure constitutes an actionable breach of the contract between the Provider and that company; |
| (d) | a fault or failure of the Customer's computer systems or networks; |
| (e) | a fault or failure of the Third Party Services required to run the Hosted Services; |
| (f) | any breach by the Customer of the Agreement; or |
| (g) | scheduled maintenance carried out in accordance with the Agreement. |