Common use of SaaS Service Level Agreement Clause in Contracts

SaaS Service Level Agreement. SaaS Solutions shall have an uptime of not less than 99.9% (resulting in a Downtime of more than 43 minutes and 49 seconds) per month ("SLA"). AvePoint must receive sufficiently detailed excessive Downtime claims no later than the end of the calendar month following the month in which the alleged Downtime occurred. Should the Parties determine that AvePoint has not met the uptime requirement following AvePoint’s investigation, Customer shall be entitled, as an exclusive remedy, to a Service Credit not to exceed in any particular month, fifteen (15%) of the monthly fees. Notwithstanding the foregoing, if the Parties determine that the SaaS Solution(s) had an uptime of less than ninety-nine percent (99.0%) (resulting in a Downtime of more than 7 hours and 18 minutes) in a specific month, Customer shall be entitled, as an exclusive remedy, to a Service Credit of twenty percent (20%) of the fees applicable for that specific month. If Customer purchased a SaaS Solution from a Partner, the Service Credit will be based on the estimated retail price for the applicable SaaS Solution, as determined by AvePoint in its sole but reasonable discretion. Service Credits shall be credited to Customer within thirty (30) days of the excessive Downtime determination.

SaaS Service Level Agreement. SaaS Solutions shall have an uptime of not less than 99.9% (resulting in a Downtime of more than 43 minutes and 49 seconds) per month ("SLA"). AvePoint must receive sufficiently detailed excessive Downtime claims no later than the end of the calendar month following the month in which the alleged Downtime occurred. Should the Parties determine that AvePoint has not met the uptime requirement following AvePoint’s investigation, Customer shall be entitled, as an exclusive remedy, to a Service Credit not to exceed in any particular month, fifteen (15%) of the monthly fees. Notwithstanding Not- withstanding the foregoing, if the Parties determine that the SaaS Solution(s) had an uptime of less than ninety-ninety- nine percent (99.0%) (resulting in a Downtime of more than 7 hours and 18 minutes) in a specific month, Customer Cus- tomer shall be entitled, as an exclusive remedy, to a Service Ser- vice Credit of twenty percent (20%) of the fees applicable for that specific month. If Customer purchased a SaaS Solution So- lution from a Partner, the Service Credit will be based on the estimated retail price for the applicable SaaS Solution, as determined by AvePoint in its sole but reasonable discretiondis- cretion. Service Credits shall be credited to Customer within thirty (30) days of the excessive Downtime determinationdetermi- nation.