Last Updated: January 29, 2018
The Single Sign-On (SSO) SaaS Services will achieve System Availability (as defined below) of at least 99.9% during each calendar year of the Subscription Term. All other SaaS Services will achieve System Availability (as defined below) of at least 99% during each calendar year of the Subscription Term. “System Availability” means the number of minutes in a year that the key components of the SaaS Services are operational as a percentage of the total number of minutes in such year, excluding downtime resulting from (a) scheduled maintenance, (b) events of Force Majeure in the SaaS Agreement), (c) malicious attacks on the system, (d) issues associated with the Customer’s computing devices, local area networks or internet service provider connections, or (e) inability to deliver services because of acts or omissions of Customer. Cost My Formula reserves the right to take the Service offline for scheduled maintenance for which Customer has been provided reasonable notice and Cost My Formula reserves the right to change its maintenance window upon prior notice to Customer.
If Cost My Formula fails to meet System Availability in the year, upon written request by Customer within 30 days after the end of the year, Cost My Formula will issue a credit in Customer’s next invoice in an amount equal to 1% of the yearly fee for the affected SaaS Services for each 1% loss of System Availability below stated SLA per SaaS Service, up to a maximum of the Customer’s fee for the affected SaaS Services. If the yearly fee has been paid in advance, then at Customer’s election Cost My Formula shall provide a credit to Customer to be used for term extension. The remedy stated in this paragraph is Customer’s sole and exclusive remedy for interruption of SaaS Services and Cost My Formula’s failure to meet System Availability.