Service Level Agreement
This Accessible Web Service Level Agreement (“SLA”) accompanies the Accessible Web Terms of Service, available at https://accessibleweb.com/legal/terms-of-service/ or a successor URL (the “Agreement”) entered into between you (“Client”) and Accessible Web. Capitalized terms used in this SLA that are not defined herein have the meanings given to them in the Agreement.
Accessible Web will use commercially reasonable efforts to make the Accessible Web Hosted Platform available with an uptime of 99.4% of each calendar month (“Target Availability”).
“Scheduled Maintenance” means Accessible Web’s scheduled routine maintenance of the Accessible Web Hosted Platform for which Accessible Web notifies Client at least twenty-four (24) hours in advance. Scheduled Maintenance will not exceed eight (8) hours per month. Accessible Web typically performs Scheduled Maintenance once per month.
Remedy for Failure to Meet Target Availability
If the Accessible Web Hosted Platform uptime during any 1-month subscription period is less than 99.4%, Accessible Web will provide Client with a credit towards the subscription fee for a subsequent period equal to the Accessible Web Hosted Platform subscription fee for the subscription month period during which the downtime occurred multiplied by a percentage equal to the difference between 99.4% and the percentage of uptime during such period. The calculation of uptime will not include unavailability to the extent due to: (a) use of the Accessible Web Hosted Platform by Client in a manner not authorized in this Agreement or the applicable Documentation; (b) any infrastructure (including, for example, Client’s hardware, network, or database) or third-party software not included in the Accessible Web Hosted Platform; (c) third party systems, acts or omissions; (d) general Internet problems, force majeure events or other factors outside of Accessible Web’s reasonable control; or (e) Scheduled Maintenance or reasonable emergency maintenance. Client agrees to promptly report any Accessible Web Hosted Platform downtime to Accessible Web. In the event the Accessible Web Hosted Platform fails to meet the required uptime for a month, Accessible Web will notify Client of the credit amount within sixty (60) days following the end of such month. Except in the event of an intentional breach of the Agreement by Accessible Web, this credit shall be the sole remedy of Client for downtime of the Accessible Web Hosted Platform. For the avoidance of doubt, this credit shall not be provided for any downtime attributable to any exclusion from liability or obligation set forth in the Agreement.