Effective Date: June 30th, 2014
Razor ERP SLA. During the Term of the applicable Razor ERP Agreement (the "Agreement"), the Razor ERP Platform will be operational and available to Customer at least 99.5% of the time in any calendar month (the "Razor ERP SLA"). If Razor ERP does not meet the Razor ERP SLA, and if Customer meets its obligations under this Razor ERP SLA, Customer will be eligible to receive the Service Credits described below. This Razor ERP SLA states Customer's sole and exclusive remedy for any failure by Razor ERP to meet the Razor ERP SLA.
Definitions. The following definitions shall apply to the Razor ERP SLA.
(1) "Service Failure" means a period of time greater than 15 minutes when the Razor ERP Platform is unavailable for use to Customer.
(2) "Razor ERP Covered Services" means the Razor ERP Platform Service.
(3) "Monthly Uptime Percentage" means total number of minutes in a calendar month minus the number of minutes of Service Failure suffered in a calendar month, divided by the total number of minutes in a calendar month.
(4) "Service Credit" means the following: Monthly Uptime Percentage Days of Service added to the end of the Service term (or monetary credit equal to the value of days of service), at no charge to Customer.
a. Monthly Uptime Percentage: less than 99.5% but greater than or equal to 95% = 10% Service Credit
b. Monthly Uptime Percentage: less than 95% but greater than or equal to 90% = 25% Service Credit
c. Monthly Uptime Percentage: less than 90% = 50% Service Credit
Customer Must Request Service Credit. In order to receive any of the Service Credits described above, Customer must notify Razor ERP within thirty (30) 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. To receive a credit, Customer must provide log a request in writing to Razor ERP evidencing Razor ERP’s failure to meet the SLA. Customer must show that Customer’s use of Customer’s Service was adversely affected in some way as a result of the Service Failure to be eligible for the credit.
Maximum Service Credit. The aggregate maximum number of Service Credits to be issued by Razor ERP to Customer for all Service Failure that occurs in a single calendar month shall not exceed fifteen (15) days of Service added to the end of Customer's term for the Service. Service Credits may not be exchanged for, or converted to, monetary amounts.
Limitations. Customer is not entitled to Service Credit if customer is in breach of service agreement with Razor ERP (including Customer’s payment obligations to Razor ERP) until Customer has cured the breach. Customer is not entitled to a Service Credit if downtime would not have occurred but for Customer’s breach of Customer’s agreement with Razor ERP or Customer’s misuse of the Services. Customer is not entitled to a Service Credit for Service Failure, downtime or outages resulting from denial of service attacks, virus activity, hacking attempts, or any other circumstances that are not within Razor ERP’s control. Customer is not entitled to a Service Credit during Service and System Maintenance Periods.