Haus’ goal is to achieve 100% availability of the Hosted Services for its customers, 24 hours per day, seven days a week. If uptime for the Hosted Services is less than 99.9% for a given month of the Term, then Service Provider shall issue Company a service credit (“Service Credit”), with the credit being calculated based on the table below.
All Service Credits due will be applied in the following billing cycle. Service Credits are a sole and exclusive remedy and not subject to cash rebate. Service Provider and Customer agree that Service Credits are reasonable in light of the harm caused by Service Level failures and the difficulties in proving loss related thereto and are intended as pre-estimates of loss and not penalties.
| Uptime Commitment Failure | Service Credit |
|---|---|
| 99.9% and below | 10% of the fees for the month during which the failure occurred |