“External Service”: Any software used by Abacum in connection with the provision of the Service which is administered by a third-party. External services include, but are not necessarily limited to, the following: DNS servers, hosting providers, email servers, and the like.
“Unavailable”: each Service licensed to Licensee pursuant to an applicable Order Form will be considered unavailable for the purposes of this SLA if the Licensee is unable to operate it or access it.
“Service Downtime”: the period during which the Licensee is unable to access the Service, due to it being unavailable, excluding the Exclusions listed in this SLA during such period.
“Monthly Uptime Percentage”: Calculated by subtracting from 100% the percentage of total number of minutes during the month in which the Service is Unavailable, except where such unavailability results from the causes listed in the Exclusions section below.
“Planned Downtime”: Planned Downtime is any instance where Abacum intentionally causes the Service to be Unavailable, provided that (i) such instance is done for purpose of reasonably updating, upgrading or maintaining the Service or its underlying infrastructure (for example, without limitation, operating system upgrades, hardware repairs, database backups, data center moves, or the like); (ii) such instance occurs outside of normal business hours (3am – 9pm U.S. Eastern Time Monday – Friday, U.S. Federal holidays excluded); and (iii) in each such instance, Abacum uses all reasonable efforts to provide notice to Licensee at least 48 hours in advance.
“Service Credit”: A Service Credit is a credit to be applied to Licensee’s next payment of fees to be awarded to Licensee in the event of Unavailability not attributable to the Exclusions set forth below. In the event that Licensee’s fees have been fully paid and Licensee’s Abacum subscription does not renew, any outstanding Service Credits accrued during the term of the Agreement will be paid out to Licensee at the end of the term as a partial refund of prepaid Fees. Service Credits will be awarded in increments equal to one (1) day of fees paid pursuant to the Agreement between Abacum and Licensee.
Service Credits will not be awarded in the event of any of the following:
Licensee may receive Service Credits by providing a written request to Abacum no later than 30 days after the last day of the month during which the Unavailability for which such Service Refunds are being applied occurred.
Guarantees for Abacum Software
If the Monthly Uptime Percentage is less than 99.5%, 5 Service Credits will be awarded.
If the Monthly Uptime Percentage is less than 99.0%, 10 Service Credits will be awarded.
This SLA also does not apply if the Licensee is in breach of its duties and responsibilities with Abacum for any reason (e.g., late payment of fees, improper use, violation of terms, etc.).