Maven App SLA. During the Term of the applicable Customer Agreement and corresponding Maven App Services Schedule (the “Agreement”), the Maven App will be operational and available to Customer at least 99% of the time in any calendar month (the “Maven App SLA“). If the Maven App does not meet the Maven App SLA, and if Customer meets its obligations under this Maven App SLA, Customer will be eligible to receive the Service Credits described below. This Maven App SLA states Customer’s sole and exclusive remedy for any failure by Maven Wave to meet the Maven App SLA.
Definitions. The following definitions shall apply to the Maven App SLA.
- “Downtime” means, for a domain, if there is more than a ten percent user error rate. Downtime is measured based on server side error rate.
- “Google Apps for Work Service” means the Google Apps for Work Service (or Google-hosted services) separately licensed by Customer.
- “Monthly Uptime Percentage” means total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month.
- “Scheduled Maintenance” means those times where Maven Wave Partners notifies Customer of periods of expected Maven App service disruptions.
- “Service Credit” means the following:
|Monthly Uptime Percentage
||Days of Maven App Service added to the next contracted Account Term, at no charge to Customer
|< 99% – ≥ 97.5%
|< 97.5% – ≥ 95.0%
Customer Must Request Service Credit. In order to receive any of the Service Credits described above, Customer must notify Maven Wave Partners 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.
Maximum Service Credit. The aggregate maximum number of Service Credits to be issued by Maven Wave Partners to Customer for all Downtime that occurs in a single calendar month shall not exceed ten (10) days of Service Credits. Service Credits may not be exchanged for, or converted to, monetary amounts.
Scheduled Maintenance. Downtime that result from Scheduled Maintenance do not count against this Maven App SLA.
Maven App SLA Exclusions. The Maven App SLA does not apply to any performance issues: (i) that resulted from the Customer’s systems, the Customer End Users or third party equipment; (ii) that resulted from Customer’s Google Apps for Work Service performance upon which the Maven App is dependent; (iii) problems outside of Maven Wave’s reasonable control.