Service Level Terms
1. Subscription Services Availability. Tango will provide 99.5% availability of the Subscription Services during Business Hours measured over one-month periods, excluding any System Maintenance or Force Majeure Events, as measured and monitored from Tango’s facilities. Subscription Services availability will be calculated on a monthly basis using the following formula: Subscription Services Availability = [(Actual Availability divided by Total Scheduled Availability) multiplied by 100%]. The following definitions will apply with respect to the calculation of Subscription Services availability:
(a) “Actual Availability” means Total Scheduled Availability minus Downtime, in minutes.
(b) “Downtime” means the time (in minutes) that users of the Subscription Services are not able to utilize the Subscription Services for normal business operations during Business Hours (i) as a result of the Subscription Services demonstrating consistent ping times of greater than one second or page load speeds of more than five seconds on the control pages (i.e., login page, main menu, site search page, store search page, and target search page) excluding excessive production traffic demands as well as pages with spatial / map content, involving multiple layers and/or data sources which will ordinarily take longer to load; (ii) to run reports from lease data in the system; (iii) view lease data in the system; or (iv) add/process new lease data, any of which of (ii), (iii) or (iv) prevents Subscriber using its then-current level of resources from (1) rent processing or (2) complying with applicable lease accounting standards. Downtime does not include any unavailability of the Subscription Services due to System Maintenance, or a failure or defect arising out of a Force Majeure Event.
(c) “System Maintenance” means time (in minutes) that the Subscription Services is not accessible to Subscriber due to maintenance of Tango’s systems, including for maintenance and upgrading of the software and hardware used by Tango to provide the Subscription Services. System Maintenance includes regularly scheduled maintenance or backup (which occurs every Thursday night from 8 p.m. Central Time to Friday Morning 6 a.m. Central Time), other scheduled maintenance for which Tango provides notice and unscheduled, emergency maintenance. Tango will provide Subscriber with at least five business days’ prior written notice of any other scheduled maintenance and reasonable advance notice for unscheduled, emergency maintenance to the extent practicable.
(d) “Total Scheduled Availability” means all Business Hours during a month, excluding System Maintenance, in minutes.
2. SLA Credits for Subscription Services Availability. If the Subscription Services Availability during any given month falls below 99.5% Tango will provide Subscriber with a credit (an “SLA Credit”) equal to the percentage of the total monthly fee applicable to the month in which the Subscription Services Availability fell below the service level based on the chart below. If Subscriber elects to obtain any SLA Credits, the payments of such SLA Credits will be Subscriber’s sole and exclusive remedy for failure to meet the service level.