The Products will be Available to Customer 24 hours a day, 365 days per year, 99.5% of the time on a quarterly month basis, excluding unavailability (i) due to schedule maintenance, (ii) during major upgrades, (iii) due to causes beyond Askable’s control, (iv) initiated by Askable to protect the Products and Customer Data from loss or unauthorized access, (v) caused by Customer, Customer Applications or Non-Askable Applications, or (vi) initiated by Customer’s request (the “Service Level Commitment”).
Availability means that the Product is available for access and Product response time performance allows for commercially reasonable use of the Product. Availability is measured at the point where the Product is made available to the internet via Askable’s data centers.
Askable entire liability and Customer’s exclusive remedy for any deviation of a Product from the Service Level Commitment (“Deviation”) are set forth below.
Customer must request a credit by opening a case with Customer Support in accordance with the Global Customer Support Guide within five (5) business days after the end of the calendar month of the Deviation.
Customer may terminate use of the Product at issue if the Product has Major Deviations in any three (3) consecutive calendar months or in any four (4) calendar months during a twelve-month period during the term of the Product. Customer must provide written notice of termination by opening a case as set forth above. Askable will refund you the prepaid but unused fees for the Product for the remainder of the term of the Cloud Service after the effective date of termination.
To be eligible for Deviation remedies, Customer must be current in payment obligations and in compliance with the applicable contract requirements and Askable policies. Askable will monitor and continuously publish availability information at https://status.askable.com/ within history. The Service Level Commitment and Deviation remedies above do not apply to Service Level Deviations erroneously reported as a result of incorrect measurement.
For full terms and conditions, please refer to your relevant contractual agreement with Askable.
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