Service Level Agreement

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The services will be available at least 99.95% (no more than 21.56 minutes per month of unavailability) during any monthly billing cycle excluding time for regularly scheduled and announced maintenance (the “Service Commitment”).  Failure to meet the Service Commitment during any given monthly billing cycle will result in you receiving a credit as calculated below (each, a “Service Credit”) that will be applied to any payments due for the month immediately following month in which the failure to meet the Service Commitment occurred or, in Agile Ticketing Solutions discretion, applied to any outstanding payments owed for the month in which the failure to meet the Service Commitment occurred.  If no future payments are due, you will receive a check in the amount of the Service Credit within 10 business days of the end of the month in which the failure to meet the Service Commitment occurred.

 

Service Credits are calculated as a percentage of the total recurring charges paid by you (excluding one-time payments, e.g. for training, etc.) for the monthly billing cycle in which the unavailability occurred in accordance with the schedule below:

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• For monthly uptime percentage, less than 99.95%, but equal to or greater than 99.0%, you will be eligible for a 10% Service Credit.

• For monthly uptime percentage, less than 99.0%, you will be eligible for a 30% Service Credit.

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Except with respect to Company’s fraud, negligence or misconduct, a Service Credit shall be your sole and exclusive remedy for any failure of Agile Ticketing Solutions to meet the Service Commitment but shall not limit any of the other rights or remedies available to you hereunder the Agreement with respect any other aspect of the provision of the services.