Effective day 18 May 2020
This VIBBIO Service Level Agreement ("SLA") accompanies the VIBBIO Subscription Terms of Service, available at https://www.vibbio.com/terms-and-conditions or a successor URL (the "Agreement") entered into between you ("Customer") and VIBBIO.
- Target Availability. VIBBIO will use commercially reasonable efforts to make the Service available with an uptime of 98% of each calendar month ("Target Availability").
- 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 VIBBIO'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.
- Scheduled Maintenance. "Scheduled Maintenance" means VIBBIO's scheduled routine maintenance of the Service for which VIBBIO notifies Customer at least twenty-four (24) hours in advance. Scheduled Maintenance will not exceed eight (8) hours per month.
- Remedy for Failure to Meet Target Availability. If there is a verified failure of the 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 VIBBIO will refund to Customer any fees 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 VIBBIO's sole and exclusive liability, for VIBBIO's failure to meet the Target Availability.