1. Availability Service Level
- 1.1. Skillcast offers 99% availability which is defined as a Downtime of less than 1% per calendar month.
- 1.2. For the purposes of this Service Level Commitment “Downtime” means the time during which the Customer is unable to access the Service, but excluding:
- issues caused by circumstances beyond the reasonable control of Skillcast, including acts of God, failure of utilities, telecommunications, network intrusion, acts of government, acts of third parties, emergencies, natural disasters, flood, fire, acts of terror, civil unrest, strikes or other Force Majeure Event;
- any problems with the Customer's technology or resulting from the Customer's combining any element of the Service with any software or hardware not supplied by Skillcast or not identified by Skillcast in writing as compatible with the Service;
- interruptions or delays in providing the Service resulting from internet or DNS failures outside of Skillcast networks;
- any interruption or unavailability resulting from the misuse, improper use, alteration, or damage of the Service;
- unavailability while Skillcast performs maintenance on the Service when necessary, at our reasonable discretion;
- the Customer’s equipment, software or other technology and/or third-party equipment, software or other technology (other than third-party equipment within Skillcast’s direct control);
- the Customer’s (or the Customer’s Users) failure to allow Skillcast to install security patches, emergency repairs, available upgrades or updates;
- the Customer’s failure to meet the Minimum Specification; and
- the suspension or termination of the Service by Skillcast in accordance with the terms of the Agreement.
- 1.3. Service Credits will be claimed, verified and paid all in accordance with the terms of the Agreement.
If Skillcast fails to meet the Availability Service Level in any calendar month, the following Service Credits shall apply:
Downtime Percentage in a given calendar month |
Service Credit Percentage |
Equal to or greater than 1% but less than 2% |
0.4% of the pro-rata Fees paid for the current Contract Year |
Equal to or greater than 2% but less than 3% |
0.8% of the pro-rata Fees paid for the current Contract Year |
Equal to or greater than 3% but less than 4% |
1.6% of the pro-rata Fees paid for the current Contract Year |
Equal to or greater than 4% but less than 5% |
3.2% of the pro-rata Fees paid for the current Contract Year |
5% or more |
6.4% of the pro-rata Fees paid for the current Contract Year |