Service Level Agreement.

1 Platform Availability Measurement and Remedy

1.1 Definitions.

''Force Majeure Event" means (i) extraordinary governmental action: (ii) material labor disputes, difficulties or work stoppages or slowdowns (excluding strikes by Lever’s own workforce): (iii) hurricane, earthquake, flood and other natural disasters or fires; (iv) war, rebellion, act of terrorism, or civil disorder; or (v) any other cause beyond Lever’s reasonable control that is not avoidable by reasonable due diligence and provided such cause is not attributable to Lever.

"Maintenance Outage" means a planned maintenance period, which does not exceed an aggregate of four (4) hours in any calendar month, and for which written notice is provided at least 7 days in advance, and which is held between the hours of Friday at 11:55 pm Pacific Time and Saturday 10 am Pacific Time.

Platform Outage" means any time when the Platform Service is inoperable or unavailable, excluding specifically the following reasons: (i) Customer’s own telecommunications or Internet service providers: (ii) a Force Majeure Event; (iii) Maintenance Outage; or (iv) any failure in Customer's own hardware, software or network connection.

"Total Hours of Operation" will be the total number of hours in the month, excluding any time for Maintenance Outages and Force Majeure Events.

1.2 Availability of Platform.

Lever warrants that the Platform will be available at least 99.5% of the time measured monthly using the following formula:

Availability of Platform

=

Total Hours of Operation – Platform Outage

Total Hours of Operation


1.3
Sole Remedies for Failure to Meet the Uptime Service Level Commitment.

For each calendar month in which Lever has Uptime of:

Lever will:

less than 99.5% but above 95%

provide Customer with a service credit in an amount equal to 5% of the then monthly fees

between 95% and 90%

provide Customer with a service credit in an amount equal to 10% of the then monthly fees

less than 90%

provide Customer with a service credit in an amount equal to 15% of the then monthly fees. Customer may also terminate this Agreement upon thirty (30) days written notice (which notice must be given within sixty (60) days of the end of the calendar month in which the Uptime was less than 90%).

THIS SECTION 1.3 SETS FORTH CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE TO MEET THE AVAILABILITY OF SERVICES COMMITMENT.

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