Last Updated: March 5, 2014
THIS SERVICE LEVEL AGREEMENT (THIS 'AGREEMENT') SETS FORTH CLOUD4WI'S OBLIGATIONS AND OUR CUSTOMERS' RIGHTS WITH RESPECT TO THE PERFORMANCE OF CLOUD4WI'S SOFTWARE PRODUCTS. ALL TERMS USED BUT NOT OTHERWISE DEFINED IN THIS AGREEMENT HAVE THE MEANINGS GIVEN TO THEM IN THE END-USER LICENSE AGREEMENT, AVAILABLE AT support.cloud4wi.com/eula.
When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:
During the Term, the Software Product will be operational and available to Customer at least 99.99% of the time in any calendar month (the 'Service Level Warranty'). If the Monthly Uptime Percentage does not meet the Service Level Warranty in any calendar month, and if Customer meets its obligations under this Agreement, then Customer will be eligible to receive Service Credit as follows:
Uptime | Days Credited |
< 99.99% - = 99.9% | 3 |
< 99.9% - = 99.0% | 7 |
< 99.0% | 15 |
In order to receive any of the Service Credits described above, Customer must notify Cloud4Wi within 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.
The aggregate maximum amount of Service Credit to be issued by Cloud4Wi to Customer for all Downtime that occurs in a single calendar month will not exceed 15 days. Service Credit may not be exchanged for, or converted into, monetary amounts.
The Service Level Warranty does not apply to any Software Product that expressly exclude this Service Level Warranty or any performance issues (i) caused by Force Majeure on the terms set forth in Section 8.3 of the Agreement, (ii) that resulted from Customer's equipment or third party equipment, or both (not within the primary control of Cloud4Wi), or (iii) that otherwise resulted from Customers violation of Sections 3.3 of the End-User License Agreement.
This Agreement states Customer's sole and exclusive remedy for any failure by Cloud4Wi to meet the Service Level Warranty.