Agenda Packet_2025-08-05 - Laserfiche WebLink

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against the System Availabi lity SLA obligations as depicted herein; and specific to unschedu led downtime events only. Remedies : In the event System Availabi li ty is not equal to or greater than 99.70% for a given month, CLIENT will be entitled to service level credits against its subsequent payment obligations (as set forth in this Subscription Agreemen t) accord ing to the following chart : System Ava il ability Avai labl e Cred it (% of mont/Jly service fee) 99.70% -100.00% No Credit. 95.00% -99.69% Three percent (3%) of the applicable mo nthly hosted service fees fo r the applicable calendar month. 90.00% -94.99% Six percent (6%) of the applicable monthly hosted service fees fo r the app licable calendar month. <89.99% Ten percent (10%) of the appl icable monthly hosted service fees for the applicable cale nda r month. CLI ENT's credits under this section are C LI EN T's sole and exclusive remedy with respect to any Unschedu led Downtime or any failure by MERIDIAN to meet the Service Availability required by this agreement. The monthly availab le credit is capped at the lesser of $5 ,000 or the total cap as set forth in the System Availab ility section herein. 1) Exceptions CLI EN T shall not receive any credits in connection with any failure or deficiency Avai lability caused by or associated with: i. Force Majeure events beyo nd MERIDIAN's reasonable control , including, without limitation , acts of any governmental body, war, insurrection, sabo t age. armed conflict, embargo , fire , flood, stri ke or other labor distu rbance, interruption of or delay in tra nsportation, unava ilability of or inte rruption or de lay in te lecommunications or t hird party services , virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materia ls, supp lies , or power used in or equ ipment needed for provision of th is Schedule ; ii. Failure of access circuits to the ISP Network, unless such failure is caused solely by MERIDIAN; iii. Scheduled maintenance and emergency maintenance and upgrades; iv . DNS issues outs ide the di r ect co ntro l of MERIDIAN; v. Issues with FTP, POP, or SMTP CLIENT access; vi. False Schedu le breaches reported as a result of outages or errors of any MERIDIAN measureme nt system ; vii. CLIENTS acts or omissions (or acts or omissions of others engaged or authorized by CLIENT), including, without limitation , custom scripting or coding (e.g ., CGI , Perl, HTML, ASP ), any negligence, wi llful misconduct, or use of the Services in breach of MERIDIAN 's Terms and Condi tions and Acceptable Use Po licy; Saas Agreement: Multi-Tenant meridianks.com City Council 14 – 22 8/5/2025