SeaUrchin.IO — Service Level Standards
SeaUrchin.IO will use commercially reasonable efforts to make the Services available 99.9% or more of the time during any calendar month. Subject to the exclusions set forth below, an outage will be defined as any time where the Services are not available due to a cause within the control of SeaUrchin.IO. The availability standard does not apply to any feature of the Services that SeaUrchin.IO identifies as a “beta” feature or service.
If SeaUrchin.IO fails to achieve the availability percentage above, Company will be eligible to receive a credit (“Service Credit”) calculated as a percentage of the Subscription Fees. The Service Credits increase is based on the amount of aggregate outage as set forth below.
|Service Availability||Service Credit|
|Less than 99.99%||1%|
|Less than 99.9%||4%|
|Less than 99%||8%|
|Less than 98%||10%|
Service Credits are non-transferable and will be issued in U.S. dollars. To receive a Service Credit, Company must contact SeaUrchin.IO in writing within 30 days following the outage and demonstrate to SeaUrchin.IO’s reasonable satisfaction that Company’s use of the Service was adversely affected as a result of the outage. Any validated Service Credits will be applied against the next open invoice due to SeaUrchin.IO by Company.
SeaUrchin.IO does not include in its calculation of downtime any time the Services are not provided due to:
- Planned maintenance windows where notice of planned unavailability has been given, via the Site, at least 2 business days prior to the outage, unless in the case of emergency changes;
- Force Majeure Events;
- Actions or inactions on Company’s part;
- Events arising from Company’s systems or any Company Sites;
- ISP or Internet outages outside of SeaUrchin.IO’s control; or
- Outages reasonably deemed necessary by SeaUrchin.IO.
Notwithstanding any terms to the contrary in this Agreement, the Service Credits are Company’s sole and exclusive remedy for any outage of the Services.