Company will provide the Platform to Customer, not including scheduled maintenance time. Scheduled maintenance time will not exceed five (5) hours a month and will take place during Non-Peak Hours. “Non-Peak Hours” will be the hours between 12:00 AM and 5:00 AM EST. The Platform will function and be available as provided in this Agreement with the Monthly Uptime Percentage specified below (with the exception of any scheduled maintenance performed by Company or any Scheduled Downtime). 

“Uptime” will mean each of the database, application and web servers on the Company’s operational network that are capable of transmitting data. Company will provide the Appropriate Response Time for the Platform as set forth herein. “Appropriate Response Time” will mean: twenty-four (24) hours from the Customer’s submission of a support request. "Monthly Uptime Percentage" means total number of minutes in a calendar month minus the number of minutes of Downtime suffered from all Downtime Periods in a calendar month, divided by the total number of minutes in a calendar month. "Downtime" means, for a domain, if there is more than a five percent user error rate. Downtime is measured based on server-side error rate. Downtime does not include periods when Customer data or reporting may be temporarily unavailable while data is being processed by the Platform. "Downtime Period" means, for a domain, 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. "Scheduled Downtime" means those times where Company notified Customer of periods of Downtime at least five days prior to the commencement of such Downtime. There will be no more than twelve (12) hours of Scheduled Downtime per calendar year. Scheduled Downtime is not considered Downtime for purposes of this Service Level Agreement Addendum or Company’s uptime commitment and will not be counted towards any Downtime Periods.

Technical Contacts. During the Term and any renewal term of the Agreement, Company will make available a technical point of contact for Customer technical support inquiries.  

Deductions from Monthly Fees as a result of Service Level Non-Performance. If Company has failed to meet any of the Service Levels set forth herein, Customer will be entitled to receive deductions from its monthly fee as set forth below. Deductions are expressed as a percentage of Company’s total monthly charges during the month in which the service deduction applies, with each section being applied separately against the total monthly charges and then the totals of each chart aggregated.

Monthly Uptime Percentage. Company will provide a Monthly Uptime Percentage of 99.9% or better, and Uptime as defined herein will include any significant third-party product included in the Platform. If Company’s noncompliance is from 1% to 2%, Company will be credited five (5) percent (5%) of its monthly fee. If noncompliance is from 3% to 5%, the credit will be ten percent (10%) of the monthly fee. There will be an additional two percent (2%) credit of the monthly fee for each additional one percent (1%) of noncompliance beyond 5%.