As part of its delivery of the Platform Services, Unit will provide, operate, and maintain a support system that the Client may use to submit requests (“Tickets”) for (i) platform-related support (“Platform Support”) or (ii) End User-related support (“End User Support”) as further described below.
Unit warrants that the actual availability of the Unit technology platform (“Unit Platform”) to accept and respond to API calls (“Standard API Availability”) will be 99.5% monthly, not including any unavailability during System Maintenance. The Standard API Availability will be calculated by subtracting the number of minutes in which the Unit Platform is unavailable (not including Exclusions as defined below) from the total number of minutes in a calendar month, and dividing the difference by the total number of minutes in a calendar month.
If there is a verified failure of the Unit Platform to meet the Standard API Availability in a particular month and Client makes a request for service credit within thirty (30) days after the end of such month, Client will be credited $50.00 for each hour (prorated to the nearest minute) of unavailability that the Unit Platform fails to meet the Standard API Availability. Any such credit will be applied toward the following month’s Base Fee.
In cases where the Unit Platform is not accessible or operating as expected, Client may submit a Ticket to Unit indicating the issue and applicable Service Level. Unit will make a final reasonable determination as to the applicable Service Level and may upgrade or downgrade the Ticket accordingly to correspond to the descriptions outlined below.
If an End User contacts Client with regard to a problem accessing the Platform Services through the Unit Platform, Client may submit a Ticket to Unit indicating the issue and applicable Service Level. Unit will make a final reasonable determination as to the applicable Service Level and may upgrade or downgrade the Ticket accordingly to correspond to the descriptions outlined below.
“Availability” means the ability of a system or user to access the Unit Platform. The Unit Platform is unavailable if the Unit Platform is unreachable for a system or user, excluding System Maintenance, due to a failure, error, or malfunction of the Unit Platform.
“System Maintenance” means all routine, scheduled maintenance, all testing periods and all maintenance which falls outside of the regularly planned maintenance window in each case as related to performance and security of the Unit systems.
The maximum aggregate credit available to Client in each calendar month for Unit’s failures to meet Tickets’ corresponding Response Times and/or the Standard API Availability (“Service Level Failures”) is equal to 100% of the Base Fee stated in Supplement 2 (Financial Terms). Any such credit will be applied to the following month’s Base Fee. For the avoidance of doubt, there will be no double counting of credits resulting from the same Service Level Failure. Credits constitute liquidated damages and are not a penalty. Credits are Client’s sole and exclusive remedy, and Unit’s sole and exclusive liability for all Service Level Failures.
Unit is not responsible for a Service Level Failure due to:
Client is responsible for notifying Unit of any Service Level Failure within two (2) Business Days of such failure, pursuant to which Unit will apply the applicable credit to the following month’s Base Fee.