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This Service Level Agreement (the “SLA”) forms a part of Concentric’s Service Terms and Conditions (the “Service Terms”). Capitalized terms not defined in this SLA shall have the meaning set forth in the Service Terms.
Service Levels: Concentric shall provide Customer with (ii) telephone and email support for the Service to Customer (“Service Support”). Service Support shall only include assistance with issues which are exclusively due to an error with the Service (i.e., a failure of the Service to conform to the written specifications provided by Concentric). Any support outside the scope of Service Support shall be provided by Concentric on a time and materials basis. The Service Availability will be measured on a monthly basis, with all hours weighted equally, but the Service Availability measurement will exclude reasonable scheduled downtime for system maintenance as well as any downtime resulting from outages of third party connections or utilities or other reason beyond Concentric’s control (including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, computer, telecommunications, Internet service provider or hosting facility failures or delays or supply interruptions involving hardware, software or power systems not within Concentric’s possession or reasonable control, and denial of service attacks).
An “Error” means an error in the Services which significantly degrades the Services as compared to Concentric’s published performance specifications. For each Error reported by Customer, Concentric shall (i) assign a priority level to such Error in its discretion in accordance with the table below, and (ii) respond to Customer and provide status updates in accordance with the time periods set forth in the table below.
Priority 1 The Services are completely unavailable or performance is so poor as to render the Services unusable; or
data security breach or hack (whether actual or suspected) or attempted data security breach. 30 minutes Every 30 minutes Within 4 hours
Priority 2 A major functionality of the Services is unusable and results in limited functionality that affects a large number of users. 2 hours Every 4 hours Within 12 hours
Priority 3 A loss of a function or resource of the Services that does not seriously affect Services functionality. Next business day Daily Next bug fix or production release, if applicable
Priority 4 All other problems with the Services other than those that fall within the categories listed above. 2 business days TBD on a case-by-case basis TBD on a case-by-case basis
If (i) the Service is unavailable to Customer due to errors with the Service beyond the Service Availability metric, or (ii) Concentric fails to respond to a Customer Error report within the allotted time frame, then, as Customer’s sole and exclusive remedy (and Concentric’s sole liability), (a) for each full hour in a month that the Service is unavailable beyond the Service Availability metric and (b) for each such response failure, Concentric will credit Customer with one (1) day of free access to the Service. Such credits may not be redeemed for cash and shall not be cumulative beyond a total of one (1) free month of access to the Services. Further, Concentric will not grant a credit for any period in which Customer received any Services free of charge. Concentric’s blocking, suspending or throttling of data communications in accordance with its policies shall not be deemed to be a failure of Concentric to provide adequate service levels under this Agreement. In order to receive service credits, Customer must notify Concentric in writing within seventy-two (72) hours from the time of downtime or response failure (as applicable), and failure to provide such notice will forfeit the right to receive service
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