During the term of the Gold package subscription the Covered Service will provide a 99% Monthly Uptime Guarantee (the “SLA”) to Customer.
If landmax.pro does not meet the SLA, and if Customer meets its obligations under this SLA, Customer will be eligible to receive the Financial Credits described below. This SLA states Customer’s sole and exclusive remedy for any failure by landmax.pro to meet the SLA. Capitalized terms used in this SLA, but not defined in this SLA, have the meaning set forth in the Agreement.
The following definitions apply to the SLA:
- “Back-off Requirements” means, when an error occurs, the Application is responsible for waiting for a period of time before issuing another request. This means that after the first error, there is a minimum back-off interval of 1 second and for each consecutive error, the back-off interval increases exponentially up to 32 seconds.
- “Covered Service” means landmax.pro account.
- “Downtime” means more than a five percent Error Rate. Downtime is measured based on server side Error Rate.
- “Downtime Period” means a period of ten consecutive minutes of Downtime. Intermittent Downtime for a period of less than ten minutes will not be counted towards any Downtime Periods.
- “Error Rate” means the number of Valid Requests that result in a response with HTTP Status 500 and Code "Internal Error" divided by the total number of Valid Requests during that period. Repeated identical requests do not count towards the Error Rate unless they conform to the Back-off Requirements.
- “Financial Credit” means the following for the Covered Services (except as otherwise set forth below):
|Monthly Uptime Percentage||Monthly Percentage of monthly bill for landmax.pro which does not meet SLA that will be credited to future monthly bills of Customer|
|98.0% - 99.0%||10%|
|95.0% - 98.0%||25%|
- “Monthly Uptime Percentage” means total number of minutes in a month, minus the number of minutes of Downtime suffered from all Downtime Periods in a month, divided by the total number of minutes in a month.
- “Valid Requests” are requests that conform to the Documentation, and that would normally result in a non-error response.
Customer Must Request Financial Credit
In order to receive any of the Financial Credits described above, Customer must notify landmax.pro technical support within thirty days from the time Customer becomes eligible to receive a Financial Credit. Failure to comply with this requirement will forfeit Customer's right to receive a Financial Credit.
Maximum Financial Credit
The aggregate maximum number of Financial Credits to be issued by landmax.pro to Customer for any and all Downtime Periods that occur in a single billing month will not exceed 50% of the amount due by Customer for the applicable Covered Service for the applicable month. Financial Credits will be made in the form of a monetary credit applied to future use of the Service and will be applied within 60 days after the Financial Credit was requested.
The SLA does not apply to any: (a) features or Services designated Alpha or Beta (unless otherwise set forth in the associated Documentation), (b) features or Services excluded from the SLA (in the associated Documentation) or (c) errors: (i) caused by factors outside of landmax.pro’s reasonable control; (ii) that resulted from Customer's software or hardware or third party software or hardware, or both; (iii) that resulted from abuses or other behaviors that violate the Agreement; or (iv) that resulted from quotas listed in the Admin Console.