WEBSCALE NETWORKS, INC.
For purposes of this Agreement, the Webscale Services are “Available” when they can be accessed from one or more locations on the public Internet. The “Service Availability” for the Webscale Services is calculated on a monthly basis, as follows:
Service Levels & Credits:
The Webscale Services will be subject to the following monthly uptime service level commitments, exclusive of Planned Downtime. Should Company fail to achieve 99.98% Service Availability for the Webscale Services over a calendar month, Customer shall have the right to receive the applicable Service Level Credit as set forth in the table below.
*At no point shall the cumulative Service Level Credits issued to the Customer for one month exceed the monthly Fees paid to Company by Customer.
Service Level Credits shall be applied against the next invoice. The foregoing Service Level Credits are Customer’s exclusive remedy for the failure of the Webscale Services to meet the Service Levels.
For purposes of this Agreement, “Planned Downtime” means any period in which the Webscale Services are not Available (as defined below): (1) for which Company provides Customer with not less than fourteen (14) days’ notice; (2) for purposes of maintaining the integrity or operation of the Webscale Services, regardless of the notice provided by Company; (3) due to a Force Majeure Event; or (4) due to other failures beyond Company’s control, including but not limited to Customer’s application errors, database errors, application server failures and/or database server failures. Company will schedule Planned Downtime, to the extent reasonably practicable, on weekend days from 9:00 p.m. Mountain Time on Friday, Saturday or Sunday to 3:00 a.m. Mountain Time on the ensuing Saturday, Sunday or Monday. To the extent reasonably possible, Planned Downtime due to Webscale maintenance will not impact Customer’s website. Webscale will also attempt to schedule a convenient time based on customer time zone exceptions.
Support Services Availability:
Webscale Pro Support Services are provided via Email support 24 x 7 x 365. Webscale Enterprise Support Services are provided via Phone and Email support 24 x 7 x 365.
For Critical Errors (as defined below), customer support personnel are available 24X7 with a 15-minute guaranteed response time. “Critical Errors” are defined as errors which prevent Customer’s website from taking or processing transactions.
Webscale Pro includes a maximum of five (5) incidents per month of general system support on Customer’s behalf. Webscale Enterprise includes ten (10) incidents per month.