Service Level Agreement

“Downtime” means the time in which the SaaS Services are not capable of being accessed or used by the Customer, as monitored by the Provider.

The following is not counted as Downtime:

  • (a) The unavailability of the provided SaaS Services caused by scheduled maintenance or non-scheduled emergency maintenance, necessary to protect the performance, availability, stability, or security of SaaS Services.
  • (b) The unavailability of the provided SaaS Services caused by events outside of the direct control of the Provider or its subcontractor(s), including any force majeure event, the failure or unavailability of Customer’s systems, the Internet, and the failure of any other technology or equipment used to connect to or access SaaS Services.

“Service Credit” means credit for the SaaS Services issued to the Customer as a reimbursement if the Provider does not meet the SLA for a particular month of the ordered term.

“Monthly Uptime Percentage” means the total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month.

1. The SaaS Services will be available 99.9%, measured monthly, excluding holidays, scheduled maintenance and non-scheduled emergency maintenance.

2. When the Provider does not meet the SLA for a particular month of the ordered term, the Customer may submit a claim for the Service Credits to Provider at support@cotano.me within 30 days of the end of the month during which the SaaS Services did not meet the SLA, and include the following information: Customer Name, the name, email address, and telephone number of the Customer’s designated contact; and information supporting each claim of Downtime, including date, time, and a description of the incident and affected service, all of which must fall within the calendar month for which the claim is submitted.

3. Upon approval of a claim, the Provider will provide the applicable remedy* set forth below:

Monthly Uptime Percentage – Service Credit

  • 99.9% to 100% – 0 days
  • 99.0% to 99.8% – 3 days
  • Below 99.0% – 5 days

*The remedy stated in this paragraph is Customer’s sole and exclusive remedy, and the Provider’s entire liability, in connection with the SaaS Services availability.