1. Notification.
Product Availability
1.1
Uptime and Availability. The Platform Science Portal and API will be available to Customer at least 99.9% of the time (24 hours a day, 7 days a week, 365 days a year), as measured by Platform Science over the course of each calendar month during the Term, excluding periods of Scheduled Downtime (defined below) and during any Force Majeure Event (the “Availability Rate”). The express provisions of this SLA shall be Platform Science’s sole and exclusive obligation and Customer’s sole and exclusive remedy for any failure to meet the Availability Rate.
1.2
Scheduled Maintenance. Customer’s use of the Platform Science Portal and/or API may be interrupted due to scheduled maintenance by Platform Science or its third-party service providers, which shall not count towards such uptime calculation. Platform Science shall notify Customer at least five (5) calendar days in advance of all scheduled outages of the Platform Science Portal and/or API created by Platform Science, in whole or in part (“Scheduled Downtime”). All such Scheduled Downtime shall: (i) last no longer than (ninety) 90 minutes; (ii) be scheduled between the hours of 7:00 p.m. and 11:00 p.m. Central Time; and (iii) occur no more frequently than two (2) times per month; provided however, Platform Science may request Customer’s prior approval for extensions of Scheduled Downtime beyond the above, which approval may not be unreasonably withheld or delayed.
1.3
Credit Eligibility and Computation. In the event that Platform Science does not meet the Availability Rate, Customer shall notify Platform Science in writing (which writing may be an e-mail) within thirty (30) days from the end of the calendar month in which the Availability Rate was not met and, subject to verification by Platform Science, Platform Science will promptly thereafter issue a credit, calculated as the percentage of the aggregate monthly recurring Fees in such calendar month equivalent to the percentage of time that the Portal and/or API did not achieve the Availability Rate.
Technical Support
2.1
Support Hours. Customer Support will be provided as follows: 24 hours a day, 7 days a week, 365 days a year, via an online support system or support email address or telephone (“Platform Science Support”).
2.2
Severity Levels and Target Response Times. Upon Customer’s report of a problem with the Platform Science Portal, API, PS Device Software, or any Platform Science Apps, a Platform Science representative will acknowledge the report by issuing a confirmation to Customer, either by phone or email, and Platform Science will assign a severity level to the problem based on the type of issue reported, in each case, according to the following schedule:
2. Mitigation.
3. Publicity.
4. Cooperation.