Service Level Agreement.
The Onebooth Service Level Agreement (“SLA”) accompanies the Onebooth Terms of Service, available at https://onebooth.com/terms (“Agreement”).
- Target Availability: Onebooth will use commercially reasonable efforts to make the Service available with an uptime of at least 99.5% of each calendar month (“Target Availability”).
- Exclusions: The calculation of uptime will not include unavailability to the extent due to: (a) use of the Service by Client in a manner not authorized in this Agreement or the applicable Documentation; (b) general internet problems, force majeure events or other factors outside of Onebooth’s reasonable control; (c) Client’s equipment, software, network connections or other infrastructure; (d) third party systems, acts or omissions; or (e) Scheduled Maintenance or reasonable emergency maintenance.
- Scheduled Maintenance: “Scheduled Maintenance” means Onebooth’s scheduled routine maintenance of the Services for which Onebooth notifies Clients at least 24 hours in advance. Scheduled Maintenance will not exceed 7 hours per month. Onebooth typically performs Scheduled Maintenance once per month.
- Remedy for Failure to Meet Target Availability: If there is a verified failure of a Service to meet Target Availability in two 3 consecutive months, then Client may terminate the applicable subscription by sending written notice of termination within 30 days after the end of the third such month, in which case Onebooth will refund to Client any pre-paid fees for use of the Service for the terminated portion of the applicable billing cycle. This termination and refund right is Client’s sole and exclusive remedy, and Onebooth’s sole and exclusive liability, for Onebooth’s failure to meet the Target Availability.