Service Level Agreement
1.1. “Credit” means 2% of Monthly Subscription Charges for each 1% below the System Availability SLA, not to exceed 100% of Monthly Subscription Charges.
1.2. “Downtime” means the Total Minutes in the Month during which the production version of the Buildworks Service is not available, except for Planned Downtimes.
1.3. “Planned Downtime” means the Total Minutes in the Month attributable to a Maintenance Window; or any Major Upgrade Window for which Subscriber has been notified at least five (5) business days in advance; or unavailability caused by factors outside of Buildworks’ reasonable control, such as unpredictable and unforeseeable events that could not have been avoided even if reasonable care had been exercised.
1.4. “Maintenance Window” means the weekly maintenance windows for the Buildworks Service identified in Buildworks may update the Maintenance Window from time to time in accordance with the Agreement.
1.5. “Major Upgrade Window” means the extended upgrade maintenance windows for the Buildworks Service identified in Buildworks may update the Major Upgrade Window from time to time in accordance with the Agreement.
1.6. “Month” means a calendar month.
1.7. “Monthly Subscription Charges” means the monthly (or 1/12 of the annual fee) subscription charges paid for the applicable Buildworks Service which did not meet the System Availability SLA.
1.8. “System Availability Percentage” is calculated and defined as follows:
(Total Minutes in the Month−Planned Downtime−Downtime)/(Total Minutes in the Month−Planned Downtime)∗100
1.9. “System Availability SLA” means a 99.5% System Availability Percentage during each Month for the production version of the Buildworks Service.
1.10. “Total Minutes in the Month” are measured 24 hours at 7 days a week during a Month.
1.11. “UTC” means Coordinated Universal Time standard being the start time for the applicable Maintenance Window and Major Upgrade Window.
2. SYSTEM AVAILABILITY SLA AND CREDITS
If Buildworks fails to meet the System Availability SLA for a particular Month, Subscriber may claim a Credit, which Subscriber may apply to a future invoice relating to the Buildworks Service that did not meet the System Availability SLA (subject to Sections 2.1.1 and 2.1.2 below).
2.1.1. Claims for a Credit must be made in good faith and through a documented submission of a support case within thirty (30) business days after the end of the relevant Month in which Buildworks did not meet the System Availability SLA for the Buildworks Service.
2.1.2. Subscriber who have not subscribed to the Buildworks Service directly from Buildworks must claim the Credit from their applicable Buildworks partner.
2.2. System Availability Report
Buildworks will provide Subscriber with a monthly report describing the System Availability Percentage for the Buildworks Service either by email following a request to Subscriber's assigned Buildworks account manager; through the Buildworks Service; or through an online portal made available to Subscriber, if and when such online portal becomes available.
3. CHANGES TO WINDOWS
3.1. If Subscriber wishes to be notified of changes to Maintenance Windows and Major Upgrade Windows, it must subscribe to receive notifications at