Effective date: July 23, 2018
This Service Level Agreement (this “Agreement”) sets forth the obligations of myTurn.com, pbc (“myTurn”) and our customers’ rights with respect to the availability of the Service. All capitalized terms used but not otherwise defined in this Agreement have the meanings given to them in the End User License Agreement between you (the “Customer”) and myTurn (the “EULA”).
- Definitions. For purposes of this Agreement, the following terms have the meaning ascribed to each term below:
- “Downtime” means if Customer is unable to access the Service by means of a web browser as a result of failure(s) in the Service software or architecture, as confirmed by myTurn.
- “Monthly Uptime Percentage” means the 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 number of days that myTurn will add to the end of the Term, at no charge to Customer.
- Service Level Warranty. During the Term, the Service will be operational and available to Customer at least 99.5% of the time in any calendar month (the “Service Level Warranty”), and 99.70% of the time outside of normal maintenance windows. If the Monthly Uptime Percentage does not meet the Service Level Warranty in any calendar month, and if Customer meets its obligations under this Agreement, then Customer will be eligible to receive Service Credit as follows:
- < 99.5% to ≥ 99.0% uptime: 3 days credited
- < 99.0% to ≥ 95.0% uptime: 5 days credited
- < 95.0% uptime: 10 days credited or amount of total downtime, whichever is greater
- Customer Must Request Service Credit. In order to receive Service Credit, Customer must notify myTurn within 30 days from the time Customer becomes eligible to receive a Service Credit under the terms of this Agreement. Failure to comply with this requirement will forfeit Customer’s right to receive Service Credit.
- Maximum Service Credit. The aggregate maximum amount of Service Credit to be issued by myTurn to Customer for all Downtime that occurs in a single calendar month will not exceed the amount of downtime for that month. Service Credit may not be exchanged for, or converted into, monetary amounts.
- Exclusions. The Service Level Warranty does not apply to any performance issues that (i) are caused by riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions (other than with respect to a party’s own employees), earthquakes, material shortages or any other causes that are beyond myTurn’s reasonable control so long as myTurn uses commercially reasonable efforts to mitigate the effects of such force majeure, (ii) resulted from Customer’s equipment or third party equipment or service (e.g. Customer’s internet connection), or both, or (iii) resulted from Customer’s violation of the restrictions or Customer responsibilities set forth in the EULA.
- Exclusive Remedy. This Agreement sets forth Customer’s sole and exclusive remedy for any failure by myTurn to meet the Service Level Warranty.