Addendum A
Service Level Agreement
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This service level agreement (this “SLA”) supplements and is incorporated by reference into the Agreement between MaintainX and Customer regarding Customer’s access and use of MaintainX’s computerized maintenance and management software as a service platform entered into contemporaneously or prior to the parties executing an Order Form incorporating this SLA and is effective upon execution of such Order Form. Capitalized terms not otherwise defined herein have the meanings set forth in the Agreement.
MaintainX will make the Service available 99.9% of the time, measured monthly, excluding scheduled maintenance. If Customer requests maintenance during these hours, any uptime or downtime calculation will exclude periods affected by such maintenance. Further, any downtime resulting from outages of third-party connections or utilities or other reasons beyond MaintainX’s control will also be excluded from any such calculation.
Customer's sole and exclusive remedy, and MaintainX's entire liability in connection with Service availability, is as follows: for each period of Service downtime lasting longer than 60 consecutive minutes, MaintainX will credit Customer 5% of Service fees for each further period of 30 or more consecutive minutes of downtime (“Downtime Credit”); provided that no more than one such credit will accrue per day. Downtime will begin to accrue as soon as Customer notifies MaintainX in writing (including by email) that downtime is taking place and continues until the availability of the Service is restored. To receive Downtime Credit, Customer must request such Downtown Credit from MaintainX in writing within 24 hours from end of downtime.
Such Downtime Credits may not be redeemed for cash and are not cumulative beyond a total of credits for more than 25% of Service fees in any calendar month. MaintainX will only apply a Downtime Credit to the month in which the incident occurred.
MaintainX’s suspension of the Service to Customer in accordance with the Agreement, for example, a suspension based on breach of the Agreement, will be excluded from any uptime or downtime calculation under this SLA.
