TrustEngine will use commercially reasonable efforts to make the Services available with a Monthly Uptime Percentage of at least 99.90%. In the event TrustEngine does not meet this commitment, Customer will be entitled to a Service Credit. TrustEngine’s platform availability can be viewed at: https://status.trustengine.com/.

“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of seconds during a given calendar month in which the Service was Unavailable. Monthly Uptime Percentage measurements exclude Unavailability resulting directly or indirectly from any Uptime Exclusions.

“Unavailable” or “Unavailability” means when the Service is fully degraded and not accessible by Customer.

“Uptime Exclusion” means Unavailability caused by, or arising out of, the following:

• factors outside of TrustEngine’s reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of TrustEngine;
• failures of Customer’s or third party’s hardware, software and/or infrastructure, including, but not limited to, issues resulting from inadequate bandwidth;
• non-production use of the Service;
• scheduled maintenance events; or
• use of the Services in breach of the Agreement.

“Service Credit” means a dollar credit based on the pro rata fee paid for the Services during the calendar month in which the Monthly Uptime Percentage falls into one of the levels below:

 

Service Credits:

In each case Customer believes it is entitled to a Service Credit, Customer must notify TrustEngine of such request within thirty (30) days of the event giving rise to the Service Service Credit request. The Service Credit request must adhere to the following criteria. The request must be:

• sent to [email protected], with the subject line “SLA Credit Request”
• include dates and times of each Service Outage being claimed
• include any logs or supporting evidence to document the errors to corroborate Customer’s claimed outage (NOTE: confidential or sensitive information in these logs should be removed or redacted)

TrustEngine will promptly reply indicating the acceptance or rejection of such request. If the request is rejected, TrustEngine will provide an explanation of the rejection. In each case, Service Credits will not exceed 50% of fees payable for a single month. TrustEngine will apply any Service Credits only against future payments otherwise due from Customer. Service Credits will not entitle Customer to any refund or other payment from TrustEngine. Unless otherwise expressly provided in the Agreement, Customer’s sole and exclusive remedy for any unavailability, non-performance, or other failure by TrustEngine to provide the Service is the receipt of a Service Credit (if eligible) in accordance with the terms of the Agreement.