Service Level Agreement
During the term of your Authicon license (the "Agreement", the Authicon web admin interface and web services will be operational and available to Customer at least 99.9% of the time in any calendar month (the "Authicon SLA"). If Authicon does not meet the Authicon SLA, and if Customer meets its obligations under this Authicon SLA, Customer will be eligible to receive the Service Credits described below. This Authicon SLA states Customer's sole and exclusive remedy for any failure by Authicon to meet the Authicon SLA.
The following definitions shall apply to the Authicon SLA.
"Downtime" means if there is more than a five percent user error rate. Downtime is measured based on server side error rate.
"Service" means the Authicon authentication service.
"Monthly Uptime Percentage" means total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month.
"Service Credit" means the following that Authicon will add a certain number of days of Service to the end of the Service term, at no charge to Customer.
Uptime Days credited 99.95% - 99.80% 3 99.80% - 99.50% 7 99.50 - 99.00% 30
Customer Must Request Service Credit
In order to receive any of the Service Credits described above, Customer must notify Authicon within thirty 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 Authicon to Customer for all Downtime that occurs in a single calendar month shall not exceed fifteen days of Service added to the end of Customer's term for the 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.
Authicon SLA Exclusions
The Authicon SLA does not apply to any services that expressly exclude this Authicon SLA (as stated in the documentation for such services) or any performance issues: (i) caused by "Force Majeure" or (ii) that resulted from Customer's software or third party software, or both (not within the primary control of Authicon).