Last Updated May 10, 2018
Zugata will use commercially reasonable efforts to make the Service available to Customer for 99.9% of all Scheduled Availability, calculated on a monthly basis (the “Uptime Commitment”). “Scheduled Availability” shall be defined as 24 hours a day, 7 days a week, excluding any Downtime resulting from or in connection with: (i) any unauthorized use of the Service by Customer, (ii) Customer’s vendor(s), service providers, or any third party connections, utilities, or equipment; (iii) scheduled maintenance; (iv) any conditions beyond Zugata’s reasonable control, including but not limited to internet outages or outages in connection with Customer’s network or internet access; or (v) any Amazon Web Services Downtime or scheduled maintenance. All scheduled maintenance will be conducted following at least forty-eight (48) hours advance notice. “Downtime” shall mean a failure to access the Service.
If Zugata fails to meet the Uptime Commitment in any month during the Service Term, Customer shall be entitled terminate the Agreement, provided Customer notifies Zugata in writing of a failure to meet the Uptime Commitment within thirty (30) days of the date giving rise to the claim the Uptime Commitment was not met, and such notice includes information reasonably necessary to support such claim. Notwithstanding anything to the contrary in this Service Level Agreement, the remedy in this Section 2 is the Customer’s sole and exclusive remedy, and Zugata’s entire liability with respect to any claims in connection with or arising from Zugata’s obligations under this Agreement.
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