Schedule 1: Service Levels
1. Definitions
The following definitions will apply in this Schedule and the Agreement:
Actual Availability: is the time (in minutes) in an Invoice Period that the Codat Product (set out in the relevant Order Form) is available, but excludes periods of unavailability of the Codat Products as a result of unavailability of External Third Parties, or scheduled and notified downtime. For the avoidance of doubt, Codat has no liability for the uptime or availability of third party software integrations connected via the Codat Products, and “Integrations” on the Status Page is provided for information only.
Business Hours: if the Client is domiciled (incorporated) in (a) UK or ROW (excluding USA), 9:00am to 5:00 pm (London, UK time) on a Business Day; or (b) USA, 9:00 am to 5:00 pm (Mountain time - Denver, CO) on a Business Day.
External Third Parties: means Codat’s cloud service provider (currently Microsoft Azure) and Codat’s transactional email provider (currently Mailgun).
Invoice Period Availability: is the time (in minutes) in an Invoice Period during Business Hours.
Uptime: is the period of time in an Invoice Period that the Codat Product (set out in the Order Form) is available (as detailed on the Status Page), calculated as follows:
Status Page: means https://status.codat.io.
2. Codat Product Availability
2.1 Client shall be entitled to the following Service Credits where the Uptime in an Invoice Period falls below the following levels:
| UPTIME | Service Credit (as % of the Platform Fee apportioned to the relevant Invoice Period) |
|---|---|
| Below 99% | 10% |
| Below 95% | 30% |
| Below 90% | 100% |
2.2 If Client believes they are entitled to Service Credits in accordance with this Schedule, Client must notify Codat within 30 days from the end of the relevant Invoice Period. Codat shall review Client’s request against Uptime and if applicable, apply the Service Credits as a discount against the Fees in the next invoice issued to Client.