Service Level Agreement

1. Uptime. Company will use commercially reasonable efforts to ensure that the Services are available for use. Lack of uptime may caused by any of the following:

(a) Acts of God, acts of any governmental body, war, terrorism, earthquake, fire, flood, labor dispute, acts of hackers and such other acts or omissions as are outside the reasonable control of Company;
(b) Failure of access circuits to the hosting service backbone;
(c) Failure resulting from the unavailability of or errors within Client systems;
(d) Routine scheduled maintenance (as described below); or
(e) DNS issues outside of Company’s control.

2. Scheduled Maintenance. Company shall use commercially reasonable efforts to notify Client of any routine maintenance that may take the Services offline and shall use commercially reasonable efforts to perform such maintenance at off-peak hours.

3. Response Time.  Company shall use commercially reasonably efforts to respond to requests from Client regarding errors in the Services made during Company’s usual business hours in a timely manner.  Client shall first attempt to confirm the source of the problem as an error with the Services that is not attributable to software or services not provided by Company.  Client agrees to make available all reasonably necessary technical information and personnel (including as they relate to any relevant third party technology/services) requested by Company in connection with error resolution. 

4. Remedy.  CLIENT’s sole remedy, and Company’s exclusive liability, for breach by Company of its obligations under this Service Level Agreement is FOR company TO USE COMMERCIALLY REASONABLE EFFORTS TO ADDRESS CUSTOMER’S CONCERNS.