1. Availability.
AirBadge will make the Services available 99.8% of the time. Availability will be calculated over the previous 90 days, on a rolling basis, as follows:
(total – (downtime + excluded)/total * 100) ≥ 99.82. Definitions.
- “Service”
- means the latest production version of the online services made available by AirBadge
- “Total”
- means the total number of minutes over the previous 90 days, on a rolling basis
- “Downtime”
- means minutes during which the Services are not available
- “Excluded”
- means any downtime caused by planned downtime of which AirBadge provides the notice stated in Section 3 below, or force majeure events, which for purposes of this Exhibit means circumstances beyond AirBadge’s reasonable control
3. Planned Maintenance.
AirBadge will provide advance notice of any planned downtime, and will schedule planned downtime outside of standard business hours (9 a.m. to 5 p.m. U.S. Central time, excluding holidays) or during such other hours where this is reasonably designed to minimize the impact on users. AirBadge will use commercially reasonable efforts to provide at least 48 hours’ advance notice.
4. Reporting.
AirBadge will provide Customer with access to statistics on Service availability over the previous 90 days, on a rolling basis, upon request but no more than once per 60-day period.
5. Support Contacts.
AirBadge Support can be contacted via email at support@AirBadge.us. AirBadge will provide Customer email support weekdays 9:00 am to 5:00 pm US Central Time (excluding holidays). AirBadge will use reasonable efforts to respond to all email inquiries within one (1) business day. Support tickets are triaged based on the urgency of the inquiry. If reporting an urgent matter or critical issue, please make this clear in the email to the Support team
6. Remedies.
In the event the uptime availability is not met during any calendar month during the Term, Customer will be entitled to credits against its subsequent payment obligations (as set forth in the Agreement) according to the following table:
| Service Availability | Credit as a Percentage of Monthly Billing |
|---|---|
| Less than 99.8% and equal or higher than 99% | 10% of the Fees payable in respect of the month in which such Uptime Availability is not met |
| Less than 99% and equal or higher than 95% | 25% of the Fees payable in respect of the month in which such Uptime Availability is not met |
| Less than 95.0% | 50% of the Fees payable in respect of the month in which such Uptime Availability is not met |
7. Service Level Termination Right.
Customer may terminate this Agreement upon written notice to AirBadge and without liability for the Service Fees remaining in the Initial Term, or Renewal Term, as applicable, in the event that a Service Credit is due Customer in any three (3) consecutive months or in any five (5) or more months during the Initial Term, or Renewal Term, as applicable.