Service Level Agreement

Introduction

During the term of your MonitUp license (the "Agreement"), the MonitUp software and services (the "System") will be operational and available to Customer at least 99.0% of the time in any calendar month (the "MonitUp SLA").

If MonitUp does not meet the MonitUp SLA, and if the Customer meets its obligations under this MonitUp SLA, the Customer will be eligible to receive Service Credits. This MonitUp SLA states the Customer's sole and exclusive remedy for any failure by MonitUp to meet the MonitUp SLA.

Definitions

The following definitions shall apply to the MonitUp SLA:

• Downtime" means when there is more than a five percent user error rate across all of a Customer’s Users. Downtime is measured based on server-side error rate
• Service" means the MonitUp's software
• Service Credit" means the number of days of Service to be added to the end of the Service term, at no charge to Customer

Customer Must Request Service Credit

In order to receive any of the Service Credits, Customer must notify MonitUp 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 MonitUp to Customer for all Downtime that occurs in a single calendar month shall not exceed 15 days of Service (or the value of 15 days of Service in the form of a monetary credit to a monthly-billing Customer’s account). Service Credits may not be exchanged for, or converted to, monetary amounts.

MonitUp SLA Exclusions

The MonitUp SLA does not apply to any services that expressly exclude this MonitUp SLA (as stated in the documentation for such services) or any performance issues: (i) caused by "Force Majeure" or (ii) that resulted from one or more of Customer’s equipment or third party equipment not within the primary control of MonitUp.

MonitUp reserves the right to modify this Service Level Agreement at any time by updating the terms on this site.