Yottaa, Inc. Service Level Agreement

• Overview

  Yottaa utilizes multiple, redundant data centers to ensure our Service is always available to you. During the term of your Subscription Agreement, Yottaa shall use all reasonable commercial efforts to limit an outage to less than 30 minutes in a calendar month. In the unlikely event that an outage exceeds 30 minutes, you will be eligible to receive a credit as set forth below.

• Definitions

  "Service" means the Yottaa service described in your Subscription Agreement.

  "Outage" means inaccessibility of your Website due to failure of the Service, subject to the Exceptions below, exceeding a continuous 30-minute period, starting on Yottaa's initial discovery of the problem or receipt of notice thereof.

  "Base Fee" means the fixed monthly subscription fee paid for the Service, excluding setup charges, special service fees, overage charges, and taxes.

  "Force Majeure" means acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, unavailability of telecommunications or power, and third party attempts to disrupt Service or network.

• Credits

  For each confirmed Outage, you are eligible for a "Credit" equal to 5% of your Base Fee. The total Credits in a calendar month cannot exceed 100% of your Base Fee owed for that month. To receive a Credit for an Outage, you must submit your request in writing to SLA@yottaa.com within 15 days of the Outage. Your request must include your Website name, contact name, email address, phone number, date and time of Outage, and brief description of Outage. At Yottaa's request, you should provide logs and/or other documentation substantiating the Outage. Once an Outage is confirmed, Yottaa will apply any remaining Credits to the Base Fees on your subsequent bill(s) until the Credit is used in full.

• Exceptions

  An Outage does not include website inaccessibility due to:
  1. Failure or errors with your hardware, network, or website code;
  2. DNS issues beyond Yottaa's direct control;
  3. Your failure to report an Outage to Yottaa support once you have discovered it;
  4. Yottaa scheduled or emergency maintenance;
  5. Any actions or inactions of you or any third parties that are outside of Yottaa's direct control; or
  6. Other events outside of Yottaa's reasonable control, including but not limited to Force Majeure.

• Termination

  If you experience Outages for three consecutive calendar months, then either Party may terminate the Subscription Agreement in the following (fourth) month. Your Credits for Outages, which shall survive termination, shall be your sole and exclusive remedy and Yottaa's sole and exclusive liability for any failure to maintain the availability of the Services, or any claim based on an issue covered by this SLA. If you repeatedly submit false or unsubstantiated claims for Credits, Yottaa may terminate your Subscription Agreement.

• Yottaa SLA v1.0, updated October 10, 2011