1. Service Level Commitment
TRaViS will use commercially reasonable efforts to ensure the availability of Service and will attempt to maintain ninety-nine point nine nine nine percent (99.999%) availability (“Service Availability”).
TRaViS offers Customers a credit for Service Availability lapses in Service Availability as set forth in Section 2 below (“Performance Credit”). Service Availability is measured twenty-four (24) hours a day and seven (7) days a week in each calendar month:
2. Performance Credit
- 5% of Monthly Service fees – Credited for 94.999% to 99.998%
- 10% of Monthly Service fees – Credited for 90.999% to 94.998%
- 25% of Monthly Service fees – Credited below 90.998%
Notwithstanding the foregoing, in no calendar month will the credit exceed twenty-five percent (25%) of the monthly Service charge for the affected month.
3. Performance Credit Procedure
Customer must submit a written Performance Credit request to TRaViS within ten (10) business days of the applicable lapse in Service Availability. Customer’s Performance Credit request must contain Customer’s account number, the dates and times of the lapse in Service Availability, and other relevant identification required by TRaViS to validate Customer’s Performance Credit request.
Performance Credit eligibility shall be determined in TRaViS’s sole discretion. If approved TRaViS will accordingly apply the applicable Performance Credit to Customer’s next invoice.
4. Performance Credit Eligibility Exclusions:
- Outages caused by Customer-provided application software installed on TRaViS Servers.
- Outage caused by delay or interruption in telecommunications provided by 3rd party services, including Domain Name System propagation service.
- Outages caused by any event or condition not wholly within the control of TRaViS, including without limitation, acts of any governmental body, war, insurrection, or embargo.
- Outages during Customer scheduled or emergency maintenance events.
- Outages caused by negligence or willful misconduct of Customer.
- Outages caused by inability to obtain equipment or services needed for the provisioning of additional Services.
- Any excluded hardware and software as defined in the applicable agreement.
- Customer misuse of Services.
5. Scheduled Maintenance
Services will be unavailable during scheduled or emergency maintenance events. TRaViS will provide Customer with at least seventy-two (72) hours advance notice for scheduled maintenance events. Scheduled maintenance will be performed during off-peak hours (normally Sunday 6:00 p.m. through 6:00 a.m. Eastern Standard Time).
TRaViS in its sole discretion will determine whether to provide Customer notification in an emergency maintenance situation. All maintenance notifications from TRaViS will be provided to Customer’s designated point of contact. Scheduled outages will not be counted in measuring Service Availability. Scheduled maintenance may vary based on Customer’s Service selections. TRaViS will work with Customer to accommodate Services that require non-standard schedule maintenance times.
6. Incident Report
Customer shall immediately notify TRaViS of
Service unavailability at support@travisasm,com.
TRaViS Support will work with Customer to determine the cause for
such unavailability and will use reasonable efforts to restore
Services to Customer. Customer shall work with TRaViS to provide all
necessary information to resolve any issues associated with
restoration of Services.