Black Pearl Mail (“BPM”) SLA. During the Term of the applicable BPM Terms and Services Agreement (the "Agreement"), the BPM Service will be operational and available to Customer at least 99.9% of the time in any calendar month (the "BPM SLA"). If BPM does not meet the BPM SLA, and if Customer meets its obligations under this BPM SLA, Customer will be eligible to receive the Service Credits described below. This BPM SLA states Customer's sole and exclusive remedy for any failure by BPM to meet the BPM SLA.
Definitions. The following definitions shall apply to the BPM SLA:
- "Downtime" means, for a domain, if there is more than a two hours delay in delivery of email
- "Monthly Uptime Percentage" means total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month
- "Service Credit" means the following:
Monthly Uptime Percentage
|Days of Service added to the end of the Service term (or monetary credit equal to the value of days of service for monthly postpay billing customers), at no charge to Customer|
|< 99.9% - >= 99.0%||3|
|< 99.0% - >= 95.0%||7|
Customer Must Request Service Credit. In order to receive any of the Service Credits described above, Customer must notify BPM within thirty days from the time Customer becomes eligible to receive a Service Credit. Failure to comply with this requirement will forfeit Customer's right to receive a Service Credit.
Maximum Service Credit. The aggregate maximum number of Service Credits to be issued by BPM to Customer for all Downtime that occurs in a single calendar month shall not exceed fifteen days of Service added to the end of Customer's term for the Service (or the value of 15 days of service in the form of a monetary credit to a monthly- billing customer’s account). Service Credits may not be exchanged for, or converted to, monetary amounts, except for customers who are on BPM’s monthly billing plan.
BPM SLA Exclusions. The BPM SLA does not apply to any services that expressly exclude this BPM SLA (as stated in the documentation for such services) or any performance issues: (i) caused by factors described in the "Force Majeure" section of the Agreement; or (ii) that resulted from Customer's equipment or third party equipment, or both (not within the primary control of BPM).