If you are registered on a monthly billing plan or an annual billing plan and/or are paying Fees for the Service, the Service will be operational and available to you at least 99.9% of the time in any calendar month (OPUS4business SLA). If we do not meet the OPUS4business SLA, and if you meet your obligations under this OPUS4Business SLA, you will be eligible to receive the service credits described below. This OPUS4Business SLA states your sole and exclusive remedy for any failure by us to meet the OPUS4Business SLA.
|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 you (Service Credits)|
|< 99.9% – >= 99.0%||3|
|< 99.0% – >= 95.0%||7|
In order to receive any of the Service Credits described above, you must notify us within thirty days from the time you become eligible to receive a Service Credit. Failure to comply with this requirement will forfeit your right to receive a Service Credit.
The aggregate maximum number of Service Credits to be issued by us to you for all downtime that occurs in a single calendar month shall not exceed fifteen days of Service added to the end of your Term for the Service (or the value of fifteen days of Service in the form of a monetary credit to a monthly-billing account). Service Credits may not be exchanged for, or converted to, monetary amounts, except for customers who are on a monthly or annual billing plan.
The OPUS4Business SLA does not apply to any Services that expressly exclude this OPUS4Business SLA (as stated in the documentation for such Services).
This SLA and any applicable Service Levels do not apply to any performance or availability issues:
- Due to factors outside our reasonable control (for example, natural disaster, war, acts of terrorism, riots, government action, or a network or device failure external to our data centers, including at your site or between your site and our data center);
- That result from the use of services, hardware, or software not provided by us, including, but not limited to, issues resulting from inadequate bandwidth or related to third-party software or services;
- Caused by your use of a Service after we advised you to modify your use of the Service, if you did not modify your use as advised;
- During or with respect to preview, pre-release, beta or trial versions of a Service, feature or software (as determined by us);
- That result from your unauthorized action or lack of action when required, or from your employees, agents, contractors, or vendors, or anyone gaining access to our network by means of your passwords or equipment, or otherwise resulting from your failure to follow appropriate security practices;
- That result from your failure to adhere to any required configurations, use supported platforms, follow any policies for acceptable use, or your use of the Service in a manner inconsistent with the features and functionality of the Service (for example, attempts to perform operations that are not supported) or inconsistent with our published guidance;
- That result from faulty input, instructions, or arguments (for example, requests to access files that do not exist);
- That result from your attempts to perform operations that exceed prescribed quotas or that resulted from our throttling of suspected abusive behavior;
- Due to your use of Service features that are outside of associated Support Windows; or
- For licenses reserved, but not paid for, at the time of the Incident.