AGENDA PACKET_2021-11-02 - Laserfiche WebLink

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3. CLIENT OBLIGATIONS. Client shall be responsible for the accuracy of all data utilized by Balancing Act under this Agreement and shall comply with all laws and governmental regulations affecting its use, including all open and public records laws. Balancing Act shall have no responsibility to advise Client about the applicability of any laws or regulations that may apply to this Agreement. 4. SERVICE LEVEL AGREEMENT A. Support Services. (i) Balancing Ac web platform will be operational and available to Client at least 99.5% of the time in any calendar month (the Balancing Act Application SLA). If Balancing Act does not meet the Balancing Act Application SLA, Client will be eligible to receive the Support Service Credits described below: Uptime Percentage Support Service Credit (Days) < 99.5% - >= 99.0% 3 < 99.0% - >= 95.0% 7 < 95.0% 15 (ii) Service Credit Request. In order to receive any of the Support Service Credits described above, Client must notify Balancing Act within 30 days from the time Client becomes eligible to receive a Service Credit. Failure to comply with this requirement will forfeit Client right to receive a Service Credit. (iii) Maximum Service Credit. The aggregate maximum number of Support Service Credits to be issued by Balancing Act to Client for all Downtime that occurs in a single calendar month shall not exceed fifteen days of Service added to the end of Clients term for the Service. Support Service Credits may not be exchanged for, or converted to, monetary amounts. (iv) Application SLA Exclusions. The Balancing Act Application SLA does not apply to any services that expressly exclude this Balancing Act Application SLA or any performance issues: (i) caused by factors described in the Force Majeuresection of the Agreement; or (ii) that resulted from Client equipment or third party equipment, or both (not within the primary control of Balancing Act). Б