During the Term of the applicable GoldFynch Agreement (the “Agreement”), the GoldFynch web interface will be operational and available to Customers at least 99% of the time in any calendar month (the “GoldFynch SLA“). If GoldFynch does not meet the GoldFynch SLA, and if Customer meets its obligations under this GoldFynch SLA, Customer will be eligible to receive the Service Credits described below. This GoldFynch SLA states Customer’s sole and exclusive remedy for any failure by GoldFynch to meet the GoldFynch SLA.
The following definitions shall apply to the GoldFynch SLA.:
Monthly Uptime Percentage value based on the paid subscription value of the Service added to the end of the Service term, at no charge to Customer
< 99% – ≥ 97.5% 2
< 97.5% – ≥ 95% 5
< 95.0% 10
Customer Must Request Service Credit
In order to receive any of the Service Credits described above, Customer must notify GoldFynch within thirty days from the time Customer becomes eligible to receive a Service Credit. Failure to comply with this requirement will forfeit Customer’s right to receive a Service Credit.
Maximum Service Credit
The aggregate maximum number of Service Credits to be issued by GoldFynch to Customer for all Downtime that occurs in a single calendar month shall not exceed ten percent of Service subscription fee added to the Customer’s account as a credit term. Service Credits may not be exchanged for, or converted to, monetary amounts.
Errors Requests that result from Scheduled Maintenance do not count against the SLA. There will be no more than 10 hours of aggregate Scheduled Maintenance per monthly billing cycle.
Cloud SLA Exclusions
The GoldFynch SLA does not apply to any services that expressly exclude this GoldFynch SLA (as stated in the documentation for such services) or any performance issues: (i) caused by factors described in the “Limitation of Liability” section of the GoldFynch Terms of Service Agreement; (ii) that resulted form Customer or third party software or hardware, or as a result of action or inaction on behalf of the Customer or third party; (iii) that resulted from Customer’s web browser performance; (iv) that resulted from Rackspace and Linode service disruptions outside the control of GoldFynch; (v) Problems outside of GoldFynch’s reasonable control.