Service Level Agreement (SLA)
1. SERVICE UPTIME. Mindful Giving's target uptime for the Service is 99.99% of the time in every calendar month and Mindful Giving provides you with a 99.9% Critical Services Uptime Guarantee as defined below. If Mindful Giving fails to meet the 99.95% 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 99.95% Critical Services Uptime Guarantee was not met, and (b) more than 30% of Mindful Giving customers are affected. Such credits may be deducted from amounts otherwise payable by you to Mindful Giving hereunder. In the event there is a dispute regarding credits, Mindful Giving 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 Mindful Giving.
a. 99.95% Critical Services Uptime Guarantee means that Mindful Giving guarantees that Down Time with respect to the Critical Services shall not exceed 0.5% of the time during a rolling two (2) month period (computed by reference to a 31 day month).
b. Critical Services means the Mindful Giving Application network.
c. Down Time means periods of time that the Critical Services are not functional and available to Mindful Giving 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 Mindful Giving;
ii. third party intrusions, including without limitation denial of service or similar attacks;
iii. downtime resulting from misuse by End-Users (as defined in the Terms of Use)
iv. errors or non-performance of third-party software
v.any event that is not within Mindful Giving's control.
CREDIT TABLE
99.40 - 99.94: 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. Mindful Giving will provide system maintenance as long as this SLA has not been terminated or amended. Maintenance is performed at times which least impact Mindful Giving's customers based on minimal overall activity on the Mindful Giving systems. Notwithstanding the foregoing, Mindful Giving reserves the right, in its reasonable discretion, to perform any emergency work at any time.