Zype Platform Availability SLA

Availability. Zype represents and warrants that the Services that are hosted on systems maintained by Zype, except for reasonable periods of downtime for system maintenance, will be operational and accessible 24 hours a day, seven days a week, at a level that can accommodate all of Customer’s Users simultaneously. Customers can check and subscribe to availability alerts on http://status.zype.com/ for general system health.

Uptime for Service. Zype will use commercially reasonable efforts to maintain an uptime percentage for the Service of 99.9%. The calculation of “uptime” (and “downtime”) in these Terms excludes scheduled downtime for maintenance. Uptime will be determined by Zype in its reasonable discretion, with reference to its server logs for the Service. For avoidance of doubt, Zype is not responsible for, and the service level commitments specified herein do not apply to, any unavailability of the Service that are directly related to the unavailability of Customer third party broadband or other Customer services that are not within the control of Zype, such as distributed applications on third-party application marketplaces.

Remedy for Downtime of Subscription Service. In the event that downtime for the Service (as defined below as a Priority 1 or Priority 2 incident) exceeds more than four (4) hours in any calendar month during the Term, Customer will be entitled to a credit to be applied against the Service Fee due for the next term, with the amount of such credit determined in accordance with the table set forth below. If the Agreement is not renewed or is earlier terminated, Zype will, promptly following expiration or termination of this Agreement, pay Customer an amount equal to the aggregate credits earned and due to Customer. Service Fees do not include charges for streaming hours, bandwidth, video requests, technical services, or any other variable usage or fixed costs billed by Zype.

Zype will determine the priority of any fault in accordance with the following table:

Hours of Downtime (per month) % of Monthly Portion of Subscription Service Fees (i.e., 1/12 of total annual Service Fee) to be Credited Against Next Term’s Service Fee
Less than 4 no credit
4-8 15%
8-12 30%
12-16 50%
>16 100%

Priority 1 reported Service Interruption. In the event that a Priority 1 issue has occurred more than two (2) times in any calendar month during the term, Customer will be entitled to a credit to be applied against the Service Fee due for the next term, with the amount of such credit determined in accordance with the table set forth below. If the Agreement is not renewed or is earlier terminated, Zype will, promptly following expiration or termination of this Agreement, pay Customer an amount equal to the aggregate credits earned and due to Customer.

Priority 1 – Monthly occurrences % of Monthly Portion of Service Fees (i.e., 1/12 of total annual Service Fee) to be Credited Against Next Term’s Service Fee
Less than 3 no credit
3-4 10%
5-6 50%
More than 6 100%
Priority Description
Priority 1 The Services are completely inaccessible.
Priority 2 Operation of Services is severely degraded, or major components of the Services are not operational and work cannot reasonably continue.
Priority 3 Certain non-essential features of the Services are impaired while most major components of the Services remain functional.
Priority 4 Errors that are non disabling or cosmetic and clearly have little or no impact on the normal operation of the Services.