Service Level Terms

The Services shall be available 99.9%, measured monthly, excluding holidays and weekends and scheduled maintenance. If the Customer requests maintenance during these hours, any uptime or downtime calculation will exclude periods affected by such maintenance.

Further, any downtime resulting from outages of third-party connections or utilities or other reasons beyond Limechat’s control will also be excluded from any such calculation. Customer’s sole and exclusive remedy, and Limechat’s entire liability, in connection with Service availability, shall be that for each period of downtime lasting longer than one hour, Limechat will credit adjust in the next billing cycle Customer 5% of Service Fees for each period of 30 or more consecutive minutes of downtime; provided that no more than one such credit will accrue per day.

Downtime shall begin to accrue as soon as the Customer (with notice to Limechat) recognizes that downtime is taking place and continues until the availability of the Services is restored. In order to receive downtime credit, the Customer must notify Limechat in writing within 24 hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit.

Such credits may not be redeemed for cash and shall not be cumulative beyond a total of credits for one (1) week of Service Fees in any one (1) calendar month in any event. Limechat will only apply a credit to the month in which the incident occurred. Limechat’s blocking of data communications or other services in accordance with its policies shall not be deemed to be a failure of Limechat to provide adequate service levels under this Agreement.