UMEETING SERVICE LEVEL AGREEMENT
This Service Availability Service Level Agreement ("SLA") applies to Customer if Customer's account is current
(i.e., not past due) with Umeeting. As used herein, the term " Service Availability" means the percentage of a particular
month (based on 24-hour days for the number of days in the subject month) that the Service is available for access by
third parties via HTTP as measured by Us.Subject to the exceptions below, if the Service Availability of the Service is less than 99.9%, Umeeting will issue a credit to Customer in accordance with the following schedule, with the credit being calculated on the basis of the monthly service charge for the affected Service: Service Availability ---> Credit Percentage -------------------------------------------------------- 99.9% to 100% ---> 0% 90% to 99.8% ---> 10% 85% to 89.9% ---> 25% 80% to 84.9% ---> 50% 79.9% or below ---> 100% -------------------------------------------------------- Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Service Availability caused by or associated with: a) circumstances beyond Umeeting's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA; b) failure of access circuits to the Umeeting Network, unless such failure is caused solely by Umeeting; c) scheduled maintenance and emergency maintenance and upgrades; d) DNS issues outside the direct control of Umeeting; e) false SLA breaches reported as a result of outages or errors of any Umeeting measurement system; f) Customer's acts or omissions (or acts or omissions of others engaged or authorized by Customer), including, without limitation, any negligence, wilful misconduct, or use of the Service in breach of this Agreement; g) e-mail or webmail delivery and transmission; h) DNS (Domain Name Server) Propagation. i) outages elsewhere on the Internet that hinder access to the Service. Umeeting is not responsible for browser or DNS caching that may make the Service appear inaccessible when others can still access it. Umeeting will guarantee only those areas considered under the control of Umeeting: Umeeting server links to the Internet, Umeeting's routers, and Umeeting's servers. 6.4. Credit Request and Payment Procedures. In order to receive a credit, Customer must make a request therefore by sending an email message to creditrequest@umeeting.com. Each request in connection with this SLA must include the dates and times of the unavailability of the Service and must be received by Umeeting within ten (10) business days after Service was not available. If the unavailability is confirmed by Umeeting, credits will be applied within two billing cycles after Umeeting's receipt of Customer's credit request. Notwithstanding anything to the contrary herein, the total amount credited to Customer in a particular month under this SLA shall not exceed the total amount of fees paid by Customer for such month for the Service. Credits are exclusive of any applicable taxes charged to Customer or collected by Umeeting and are Customer's sole and exclusive remedy with respect to any failure or deficiency in the Service Availability of Umeeting's Service. This document was last changed on September 21, 2003. |