This Variance Service Level Agreement ("SLA") accompanies the Variance Subscription Terms and Conditions.
- Target Availability. Variance will use commercially reasonable efforts to make each Service available with an uptime of 99.9% 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 Variance’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 Variance’s scheduled routine maintenance of the Services for which Variance 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 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 Variance 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 Variance’s sole and exclusive liability, for Variance’s failure to meet the Target Availability.