This Service Level Agreement ("SLA") accompanies the Terms of Service, available at https://www.habu.co/terms
and Support Policy, available at https://www.habu.co/support-policy
1. Target Availability.
Habu will use commercially reasonable efforts to make each Service available with an uptime of 99.9% of each calendar month ("Target Availability").2. Exclusions.
The calculation of uptime will not include unavailability to the extent due to: (a) use of the Service by Customer in a manner not authorized in this Agreement or the applicable Documentation; (b) general Internet problems, force majeure events or other factors outside of Habu's reasonable control; (c) Customer's equipment, software, network connections or other infrastructure; (d) third party systems, acts or omissions; or (e) Scheduled Maintenance or reasonable emergency maintenance. 3. Scheduled Maintenance.
"Scheduled Maintenance" means Habu's scheduled routine maintenance of the Services for which Habu notifies Customer at least twenty-four (24) hours in advance. Scheduled Maintenance will not exceed eight (1) hour per month. Historically, Habu has performed Scheduled Maintenance once per six months. 4. Remedy for Failure to Meet Target Availability.
If there is a verified failure of a Service to meet Target Availability in two (2) consecutive months, then Customer may terminate the applicable Subscription Term by sending written notice of termination within thirty (30) days after the end of the second such month, in which case Habu will refund to Customer any fees the Customer has pre-paid for use of such Service for the terminated portion of the applicable Subscription Term. This termination and refund right is Customer's sole and exclusive remedy, and Habu's sole and exclusive liability, for Habu's failure to meet the Target Availability.