Definitions.
“Actual Availability” means Scheduled Availability less Unscheduled Downtime.
“Scheduled Availability” means the time, in minutes, that the Platform is generally accessible and available to Authorized Users.
“Unscheduled Downtime” means the time, in minutes, that the Platform is not generally accessible and available to Authorized Users, excluding inaccessibility or unavailability due to Customer’s or Authorized Users’ acts or omissions, SLA Exclusions, scheduled maintenance (including as set forth in Section 3 below), hacking or virus attacks, or reasonable emergency maintenance.
Uptime Commitment. Nearmap will provide Actual Availability for at least 99.9% of the total time in each calendar month during the Subscription Term, as measured by Nearmap (the “Uptime Commitment”).
Scheduled Maintenance. Nearmap anticipates that it will perform scheduled maintenance from time-to-time during periods of low Platform usage across Nearmap’s customer base. The scheduled maintenance will be scheduled at least seven (7) days in advance with notifications provided on the applicable Nearmap Status Page, which as of the Effective Date of the Agreement are located at https://www.nearmap.com/status.
Credits. If the Uptime Commitment is not met during any particular calendar month during the Subscription Term, then Customer will be eligible for a credit (“Credit”), provided that Customer reports to Nearmap such failure to meet the Uptime Commitment and requests such Credit in accordance with this SLA. The amount of any Credit due hereunder shall be calculated as follows: X * Y, where X = the total fees due from Customer to Nearmap for the affected Platform for the relevant calendar month (regardless of when billed or payable), and Y = the Credit Percentage corresponding with the Actual Availability provided (as a percentage of total time) for the relevant calendar month, as set forth in the information below.
Actual Availability and Credit Percentage
Less than 99.9% but greater than or equal to 99.5%: 1%
Less than 99.5% but greater than or equal to 97.0%: 3%
Less than 97.0% but greater than or equal to 94.0%: 6%
Less than 94.0% but greater than or equal to 90.0%: 8%
Less than 90.0%: 10%
Credit Requests and Payment. To request a Credit, Customer must contact Nearmap via Nearmap’s online “Contact Us” page or form, which as of the Effective Date of the Agreement is located at https://www.nearmap.com/contact-support, or to the extent available, “Request Support” page or form in MyAccount in the Platform within thirty (30) days of the end of the month in which the Uptime Commitment was not met. Customer must include either its account ID or registered email address, and the previously reported dates and times that the Platform was not available, and timestamped screenshots demonstrating the issue and/or failing HTTP requests (if applicable). If Nearmap confirms that Customer is eligible for a Credit, Nearmap will issue a Credit to Customer’s account within thirty (30) days. Credits are not refunds, cannot be exchanged into a cash amount, and may only be used against future billing charges. Credits shall be Customer’s sole and exclusive remedy, and Nearmap’s sole and exclusive liability, for any failure by Nearmap to meet the Uptime Commitment.
SLA Exclusions. This SLA does not apply to any Unscheduled Downtime caused by any of the following (each, an “SLA Exclusion”):
A suspension or termination of the Agreement by either party in accordance with the Agreement;
A force majeure event or other third-party failures that are outside the reasonable control of Nearmap;
Customer’s or a third party’s use of any version of the Platform other than the then-most-current release of the applicable Platform;
Customer’s or a third party’s misuse or improper use of the Platform;
Customer’s or a third party’s modification of the Platform, in whole or in part; or
The equipment, software or other technology of Customer, or third-party provider of Nearmap (other than third-party equipment within Nearmap’s direct control).
Changes to this SLA. Nearmap may, in its sole discretion, modify or update this SLA from time to time, provided that any changes to this SLA do not materially adversely affect Customer’s rights herein.
Interpretation. If a link herein redirects to a geographic-specific link, including but not limited to geographic-specific sites for Australia, New Zealand, and Canada, that geographic-specific link shall be given the same effect as if it were explicitly included in this SLA in lieu of the link from which the redirect occurred that is set forth in this SLA.