This Service Level Agreement ("SLA") is an addition to the Surmacki&Co. Subscription Terms of Service, available at https://web.surmacki.com/terms-and-conditions between you ("Customer") and Surmacki&Co. Capitalized terms used in this SLA that are not defined herein have the meanings given to them in the Agreement.
Target Availability.
Surmacki&Co. will use commercially reasonable efforts to make each Service available with an uptime of 99.85% of each calendar month ("Target Availability").
Exclusions.
The SLA does not apply to any errors: (i) caused by factors outside of Surmacki&Co’s reasonable control; (ii) that resulted from Customer’s software or hardware or third party software or hardware, or both; (iii) that are the result of abuses or other behaviours that violate the Agreement; or (iv) Services that are being limited by quotas.
Scheduled Maintenance.
"Scheduled Maintenance" means Surmacki&Co’s scheduled routine maintenance of the Services for which Surmacki&Co. notifies Customer at least twenty-four (24) hours in advance. Scheduled Maintenance will not exceed four (4) hours per month.
Remedy for Failure to Meet Target Availability.
If there are a verified failure of a Service to meet Target Availability in two (2) consecutive months, then Customer may terminate the applicable Subscription Term by sending written notice of termination within fourteen (14) days after the end of the second such month, in which case Surmacki&Co. will refund to Customer any fees Customer has pre-paid for use of such Service for the terminated portion of the applicable Subscription Term. This termination and refund right is Customer's sole and exclusive remedy, and Surmacki&Co’s sole and exclusive liability, for Surmacki&Co’s failure to meet the Target Availability.