This Service Level Agreement governs relationship between MLM Software Inc (the United States corporation) and the users of MLMSOFT.com Cloud Platform.
1.1. MLM Soft guarantees that its Service will be available 98.5% of the time in a calendar month (“Monthly Uptime Guarantee”), excluding Maintenance and Exclusions (both terms of which are defined below). You are eligible to claim service credit(s) for Service Downtime if MLM Soft fails to meet the Monthly Uptime Guarantee, provided the total Service Downtime of 1.5% in a calendar month is verified by MLM Soft.
1.2. “Service Downtime” is defined as an inability to access the Service caused by failure of network equipment managed, owned, leased or used by MLM Soft to provide the Service, including the failure of managed switches, routers, and cabling but excluding Maintenance and Exclusions.
1.3. The Monthly Uptime Guarantee does not include time required to perform data restores and backups if applicable.
2.1. If you attempt to access any of your data but the data is irrecoverable, you must report the same to MLM Soft as soon as possible. MLM Soft will investigate the cause of the same and will require your assistance during such investigation. If the result of MLM Soft’ investigation indicates that the cause of such irrecoverable data is due to the fault of MLM Soft, then MLM Soft will grant a service credit to you up to a maximum of the fee charged to you for the calendar month during which the irrecoverable data event took place.
3.1. “Maintenance” means and includes:
3.1.1. any scheduled maintenance of the cloud equipment used by MLM Soft to provide the Service of which you are notified at least Three days in advance. For the purpose of notifying you, MLM Soft will use the contact email on record. Please ensure that this email is up to date and accessed frequently; and
3.1.2. any maintenance of the data centers used by MLM Soft: (a) is necessary to avoid an immediate threat to the data center or the Service and (b) of which Customer is notified.
4.1. Customer shall not be entitled to any service credits if Service Downtime is due to the following exclusions:
4.1.1. the actions or omissions of yourself or your employees, agents, representatives or contractors using the password(s) and user ID(s) issued by MLM Soft to you to access the Service;
4.1.2. the result of Maintenance;
4.1.3. a Denial of Service attack, hacker activity, or other malicious event or code targeted against MLM Soft or an MLM Soft customer;
4.1.4. failure of any hardware, software, network or Internet infrastructure not owned or managed by MLM Soft or its sub-contractors;
4.1.5. factors outside MLM Soft’ reasonable control.