Common use of Service Level Agreement Clause in Contracts

Service Level Agreement. AvePoint shall make the functionality of the Hosted Licensed Property available to Customer pursuant to this Agreement and shall use commercially reasonable efforts to make the SaaS Services available at the gateway between the public internet and the network of the Cloud Services Provider, except for: (i) scheduled Downtime (of which AvePoint shall, to the extent practicable, schedule so as not to adversely affect Customer's business); and (ii) as set forth in the Agreement and herein. AvePoint warrants that the Hosted Licensed Property shall have an uptime of not less than 99.5% per month (resulting in a Downtime of not more than 3 hours and 39 minutes per month) (the "SLA"). Customer shall bring forth any claim of excessive Downtime by submitting the details of such Downtime for AvePoint’s reference. AvePoint must receive such claims latest by the end of the calendar month following the month in which the alleged Downtime occurred. After AvePoint’s investigation of such claims, should the Parties determine that AvePoint has not met the uptime requirement set forth herein, Customer shall, as an exclusive remedy, be entitled to a Service Credit not to exceed in any particular month, fifteen percent (15%) of the monthly fees. Notwithstanding the foregoing, if the Parties determine that the Hosted Licensed Property 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, the Customer shall, as an exclusive remedy, be entitled to a Service Credit of twenty percent (20%) of the fees applicable for that specific month. If Customer purchased a SaaS Service from a reseller, the Service Credit will be based on the estimated retail price for the applicable SaaS Service, as determined by AvePoint in its sole but reasonable discretion. Any Service Credits shall be credited to Customer within thirty (30) days of the determination of excessive Downtime by both Parties as set out above. AvePoint may, at its sole discretion, announce additional performance targets for the SaaS Services and shall use commercially reasonable efforts to meet those targets. The Parties agree that the additional performance targets may be amended by AvePoint at any time and at its sole discretion and that a failure of AvePoint to meet those targets shall not entitle Customer to a refund of any fees paid under the Agreement or any Addendum thereto.

Service Level Agreement. AvePoint shall make the functionality of the Hosted Licensed Property available to Customer pursuant to this Agreement and shall use commercially reasonable efforts to make the SaaS Services available at the gateway between the public internet and the network of the Cloud Services Provider, except for: (i) scheduled Downtime (of which AvePoint shall, to the extent practicable, schedule so as not to adversely affect Customer's business); and (ii) as set forth in the Agreement and herein. AvePoint warrants that the Hosted Licensed Property shall have an uptime of not less than 99.5% per month (resulting in a Downtime of not more than 3 3.39 hours and 39 minutes per month) (the "SLA"). Customer shall bring forth any claim of excessive Downtime by submitting the details of such Downtime for AvePoint’s reference. AvePoint must receive such claims latest by the end of the calendar month following the month in which the alleged Downtime occurred. After AvePoint’s investigation of such claims, should the Parties determine that AvePoint has not met the uptime requirement set forth herein, Customer shall, as an exclusive remedy, be entitled to a Service Credit not to exceed in any particular month, fifteen percent (15%) of the monthly fees. Notwithstanding the foregoing, if the Parties determine that the Hosted Licensed Property 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, the Customer shall, as an exclusive remedy, be entitled to a Service Credit of twenty percent (20%) of the fees applicable for that specific month. If Customer purchased a SaaS Service from a reseller, the Service Credit will be based on the estimated retail price for the applicable SaaS Service, as determined by AvePoint in its sole but reasonable discretion. Any Service Credits shall be credited to Customer within thirty (30) days of the determination of excessive Downtime by both Parties as set out above. AvePoint may, at its sole discretion, announce additional performance targets for the SaaS Services and shall use commercially reasonable efforts to meet those targets. The Parties agree that the additional performance targets may be amended by AvePoint at any time and at its sole discretion and that a failure of AvePoint to meet those targets shall not entitle Customer to a refund of any fees paid under the Agreement or any Addendum thereto.