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 cal- endar month following the month in which the alleged Downtime occurred. Should the Parties determine that Ave- Point has not met the uptime requirement following Ave- Point’s investigation, Customer shall be entitled, as an exclu- sive remedy, to a Service Credit not to exceed in any particular month, fifteen (15%) of the monthly fees. Notwith- standing 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 Cus- tomer purchased a SaaS Solution from a Partner, the Service Credit will be based on the estimated retail price for the ap- plicable 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 Down- time determination.

SaaS Service Level Agreement. SaaS Solutions Solu- tions shall have an uptime of not less than 99.9% (resulting re- sulting in a Downtime of more than 43 minutes and 49 seconds) per month ("SLA"). AvePoint must receive re- ceive sufficiently detailed excessive Downtime claims no later than the end of the cal- endar calendar month following fol- lowing the month in which the alleged Downtime occurredoc- curred. Should the Parties determine that Ave- Point AvePoint has not met the uptime requirement following Ave- PointAvePoint’s investigation, Customer shall be entitled, as an exclu- sive remedy, to a Service Credit not to exceed in any particular month, fifteen (15%) of the monthly fees. Notwith- standing Notwithstanding the foregoing, if the Parties determine deter- mine that the SaaS Solution(s) had an uptime of less than ninety-nine percent (99.0%) (resulting in a Downtime Down- time of more than 7 hours and 18 minutes) in a specific month, Customer shall be entitled, as an exclusive remedyrem- edy, to a Service Credit of twenty percent (20%) of the fees applicable for that specific month. If Cus- tomer purchased a SaaS Solution from a Partner, the Service Credit will be based on the estimated retail price for the ap- plicable applicable SaaS Solution, as determined by AvePoint in its sole but reasonable discretion. Service Ser- vice Credits shall be credited to Customer within thirty (30) days of the excessive Down- time Downtime determination.