Hearty Journal SLA. During the Term of the agreement under which Hearty Creative Inc. (as applicable, the "Hearty") has agreed to provide the Hearty Journal Core Services to Paid Customer with active VIP Premium Membership (as applicable, the "Agreement"), the (i) Hearty Journal Core Services, including the primary website and apps will be operational and available to Customer at least 99% of the time in any calendar month. If Hearty does not meet the Hearty Journal SLA, and if Customer meets its obligations under this Hearty Journal SLA, Customer will be eligible to receive the Service Credits described below. This Hearty Journal SLA states Customer's sole and exclusive remedy for any failure by Hearty to meet the Hearty Journal SLA.
The following definitions shall apply to the Hearty Journal SLA.
"Downtime" means, for a domain, if there is more than a 10% user error rate. Downtime is measured based on server side error rate.
"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 at no charge to Customer
< 99% ~ > 95%: 3 Days
< 95% ~ > 90%: 7 Days
< 90%: 15 Days
2.Customer Must Request Service Credit.
In order to receive any of the Service Credits described above, Customer must notify Hearty within 7 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.
3.Maximum Service Credit.
The aggregate maximum number of Service Credits to be issued by Hearty to Customer for all Downtime that occurs in a single calendar month shall not exceed 15 days of Service added to the end of Customer's term for the Service. Service Credits may not be exchanged for, or converted to, monetary amounts.
4.Hearty Journal SLA Exclusions.
The Hearty Journal SLA does not apply to any services that expressly exclude this Hearty Journal 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 Hearty).