Two Oars - Service Level Credit Regime

	Section 19 of 19
19. Service Level Credit Regime

19.1 Availability

19.1.1		This Service Level Credit Regime applies where Two Oars is obliged to make the TO System available to the Customer and the Customer's account is not overdue.
19.1.2		The term "TO System Availability" means the percentage of a particular month (based on 24-hour days for the number of days in the subject month or if less the number of days in that month during which Two Oars is obliged to make the TO System available to the Customer, less the Agreed Downtime Hours) that the TO System is available for access by the Customer via HTTP and HTTPS, as measured by Two Oars.

19.2 Service Level

19.2.1

Subject to paragraphs 3 and 4 below, if in any calendar month the TO System Availability is less than 100%, Two Oars will issue a credit to the Customer in accordance with the following table, with the credit being calculated on the basis of the Monthly Fee:

TO System Availability	Credit Percentage
99% to 100%	0%
97% to 98.9%	5%
95% to 96.9%	10%
90% to 94.9%	50%
89.9% or below	100%

19.3 Exceptions

19.3.1

The Customer shall not receive any credits under this Service Level Credit Regime in connection with any failure or deficiency of the TO System caused by or associated with:

	19.3.1.1		circumstances beyond Two Oars's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, terrorism, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, e-commerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the TO System;
	19.3.1.2		failure of access circuits to the TO System, unless such failure is caused solely by Two Oars;
	19.3.1.3		scheduled maintenance and emergency maintenance and upgrades;
	19.3.1.4		DNS issues outside the direct control of Two Oars;
	19.3.1.5		issues with FTP, POP, IMAP, or SMTP Customer access;
	19.3.1.6		false recording of faults reported as a result of outages or errors of any Two Oars measurement system;
	19.3.1.7		the Customer's acts or omissions (or acts or omissions of others engaged or authorised by the Customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, wilful misconduct, or use of the Services in breach of the Agreement;
	19.3.1.8		email or webmail delivery and transmission;
	19.3.1.9		DNS (Domain Name Server) Propagation.
	19.3.1.10		outages elsewhere on the Internet that hinder access to the Customer's account. Two Oars is not responsible for browser or DNS caching that may make the Customer's site appear inaccessible when others can still access it. Two Oars will only be responsible for those areas considered under the control of Two Oars: Two Oars server links to the Internet, Two Oars's routers, and Two Oars's servers.

19.4 Credit Request and Payment Procedures

19.4.1		To receive a credit, the Customer must make a request therefor by sending an email message to helpdesk@twooars.com. The email message MUST include the Customer's business name and Customer's contact name in the "Subject" line. Each request in connection with this Service Level Credit Regime must include the Customer's Business ID (per Two Oars's invoice) and the dates and times of the unavailability of the TO System and must be received by Two Oars within ten (10) Business Days after the TO System was not available. If the unavailability is confirmed by Two Oars, credits will be applied by the second Renewal date after Two Oars's receipt of the Customer's credit request. Credits are not refundable and can be used only towards future billing charges.
19.4.2		Notwithstanding anything to the contrary herein, the total amount credited to the Customer in a particular month under this Service Level Credit Regime shall not exceed the total hosting fee paid by the Customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by Two Oars and are the Customer's sole and exclusive remedy with respect to any failure or deficiency in the TO System.


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