1. SERVICE UPTIME. ONEEACH's target uptime for the Service is 99.99% of the time in every calendar month and ONEEACH provides you with a 99.9% Critical Services Uptime Guarantee as defined below. If ONEEACH fails to meet the 99.9% Critical Services Uptime Guarantee you will be entitled to receive a credit in accordance with the Credit Table below if: (a) you apply for the credit within ten (10) days of the last day of the month in which the 99.9% Critical Services Uptime Guarantee was not met, and (b) more than 30% of ONEEACH customers are affected. Such credits may be deducted from amounts otherwise payable by you to ONEEACH hereunder. In the event there is a dispute regarding credits, ONEEACH reserves the right to make the final decision about whether credits will be provided to you. If the availability for any three (3) month period is less than 95.00%, you will have the right to terminate your Services Agreement with ONEEACH.
a. 99.9% Critical Services Uptime Guarantee means that ONEEACH guarantees that Down Time with respect to the Critical Services shall not exceed 0.1% of the time during a rolling two (2) month period (computed by reference to a 31 day month).
b. Critical Services means the email services, web hosting services, DNS services, and the ONEEACH network.
c. Down Time means periods of time that the Critical Services are not functional and available to ONEEACH customers and does not include any period of time during which services are not functional or available as a result of:
i. maintenance, scheduled or otherwise, performed by ONEEACH;
ii. third party intrusions, including without limitation denial of service or similar attacks;
iv. errors or non-performance of third-party software
v.any event that is not within ONEEACH's control.
- 99.40 - 99.90: 5%
- 99.00 - 99.40: 10%
- 98.00 - 99.00: 20%
- 97.00 - 98.00: 30%
- 96.00 - 97.00: 40%
- 95.00 - 96.00: 50%
2. MAINTENANCE SERVICES. ONEEACH will provide system maintenance as long as this SLA has not been terminated or amended. Maintenance is performed at times which least impact ONEEACH's customers based on minimal overall activity on the ONEEACH systems. Notwithstanding the foregoing, ONEEACH reserves the right, in its reasonable discretion, to perform any emergency work at any time.