1. SERVICE LEVEL
1.1 Availability. Ambition will use commercially reasonable efforts to make the Service available with a Monthly Uptime Percentage (defined below) of at least 99.9%, except for any Service Interruptions and Planned Maintenance (defined below). In the event that Ambition does not meet the stated Availability you will be eligible to receive a Service Credit as described below.
1.2 Service Interruptions. The Service may be unavailable as a result of circumstances beyond Ambition’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving our employees), provided that Service Interruptions shall not include any downtime or unavailability caused by or resulting from the action or inactions of any Ambition vendor or services provider (“Service Interruptions”). Ambition will provide you with information regarding such Service Interruptions and the restoration of the Services following such Service Interruption.
1.3 Planned Maintenance. The scheduled maintenance on the Service which will be performed between the hours of 12:00 a.m. to 6:00 am EST, not to exceed eight (8) hours per calendar month.
1.4 Monthly Uptime Percentage. Calculated by an Availability Monitoring Service (defined below) to take into account Uptime (can the Service be reached) and Error Rates (is the Service returning a successful response).
2. SERVICE CREDIT
If the Service does not meet stated Availability in any given calendar month (excluding any Planned Maintenance or Service Interruptions), then Ambition will credit you with an amount equal to ten (10) percent of the monthly fee for usage against future payment due.
To receive a Service Credit:
Email “email@example.com” with “SLA Credit Request” in the subject line;
Include the dates and times of each incident that you are claiming.
If the Monthly Uptime Percentage of such request is confirmed by us and less than stated Availability, then we will issue the Service Credit to you within one (1) billing cycle. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.
3. AVAILABILITY MONITORING SERVICE
Ambition shall utilize such measurement and monitoring tools and procedures as are required to properly measure and report Ambition’s performance of the Services against Availability. Ambition may use its reasonable discretion in selecting the tools and procedures used in measuring and monitoring Ambition’s performance, provided that such tools and procedures are sufficient to enable Ambition to comply with the provisions of this Exhibit. An Ambition Availability Report (“Availability Report”) will be provided upon request within three (3) business days.