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Effective day 20 August 2020
This Service Level Agreement (hereinafter - SLA) it is an addition to the HypeAuditor Terms of Service, available at termsor a successor URL entered into between you (hereinafter -Customer) and Stonecast Financial LLC, an Indiana Limited Liability Company with registered office at 9165 Otis ave., Suite 238, Indianapolis, IN 46216, USA (hereinafter - HypeAuditor). Capitalized terms used in this SLA that are not defined herein have the meanings given to them in the Agreement.
Target Availability. HypeAuditor will use commercially reasonable efforts to make each Service available with an uptime of 99.8% of each calendar month (hereinafter -Target Availability).
Exclusions. The calculation of uptime will not include unavailability to the extent due to: (a) use of the Service by Customer in a manner not authorized in this Agreement or the applicable Documentation; (b) general Internet problems, force majeure events, loss of availability of social media public data or other factors outside of HypeAuditor's reasonable control; (c) Customer's equipment, software, network connections or other infrastructure; (d) third party systems, acts or omissions; or (e) Scheduled Maintenance or reasonable emergency maintenance.
Scheduled Maintenance. "Scheduled Maintenance" means HypeAuditor's scheduled routine maintenance of the Services for which HypeAuditor notifies Customer at least twenty-four (24) hours in advance. Scheduled Maintenance will not exceed eight (8) hours per month. HypeAuditor typically performs Scheduled Maintenance once per month.
Remedy for Failure to Meet Target Availability. If there is 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 thirty (30) days after the end of the second such month, in which case HypeAuditor 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 HypeAuditor's sole and exclusive liability, for HypeAuditor's failure to meet the Target Availability.