Common use of Service Level Credit Clause in Contracts

Service Level Credit. Marco agrees to provide Client a credit or, in its sole discretion, another remedy, for a Service that fails to meet Service Availability requirement below, except as provided in Subsection 6.1, below. Marco makes no representation or warranty that the Service will be available at all times. Temporary disruptions in Marco Cloud Voice Services shall not constitute a breach of this SLA or the Agreement. Marco provided Client service credits are not to exceed 50% of the aggregate monthly recurring rate designated on the SOP for the Product that is unavailable. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SLA, THE CLOUD VOICE AGREEMENT OR THE AGREEMENT, THE RELIEF SET FORTH IN THIS SECTION 6 SHALL BE CLIENT’S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO BREACH OF THIS SLA AND THE FAILURE OF OR NON- PERFORMANCE OF THE MARCO CLOUD VOICE PRODUCTS. 6.1 If the monthly Service Availability is less than 99.90% after the report by Client to Marco of an Outage, Client must request a credit in writing to ▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ (including in the communication their ticket number from the open trouble ticket) within fifteen (15) calendar days of the event. Marco shall issue the Client the applicable amount indicated below as a credit, and not as a penalty. ▪ Marco will not provide Client with a credit if the monthly Service Availability based on the above criteria is at least 99.90%. ▪ Marco shall provide Client a credit in an amount equal to five percent (5%) of the monthly recurring charge set forth in the SOP if the monthly Service Availability based on the above criteria is 99.00% to 99.89%. ▪ Marco shall provide Client a credit in an amount equal to ten percent (10%) of the monthly recurring charge set forth in the SOP if the monthly Service Availability based on the above criteria is 98.00% to 98.99%. ▪ Marco shall provide Client a credit in an amount equal to fifteen percent (15%) of the monthly recurring charge set forth in the SOP if the monthly Service Availability based on the above criteria is 95.00% to 97.99%. 6.2 There shall be no credits for Outages: SCHEDULE D – PERFORMANCE SPECIFICATIONS PERFORMANCE SPECIFICATIONS FOR UNIFIED COMMUNICATIONS AS A SERVICE (“UCAAS”) ENTERPRISE: Performance Standards:

Service Level Credit. Marco ▇▇▇▇▇ agrees to provide Client a credit or, in its sole discretion, another remedy, for a Service that fails to meet Service Availability requirement below, except as provided in Subsection 6.1, below. Marco ▇▇▇▇▇ makes no representation or warranty that the Service will be available at all times. Temporary disruptions in Marco Cloud ▇▇▇▇▇ ▇▇▇▇▇ Voice Services shall not constitute a breach of this SLA or the Agreement. Marco ▇▇▇▇▇ provided Client service credits are not to exceed 50% of the aggregate monthly recurring rate designated on the SOP for the Product that is unavailable. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SLA, THE CLOUD VOICE AGREEMENT OR THE AGREEMENT, THE RELIEF SET FORTH IN THIS SECTION 6 SHALL BE CLIENT’S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO BREACH OF THIS SLA AND THE FAILURE OF OR NON- PERFORMANCE OF THE MARCO CLOUD VOICE PRODUCTS. 6.1 If the monthly Service Availability is less than 99.90% after the report by Client to Marco ▇▇▇▇▇ of an Outage, Client must request a credit in writing to ▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ (including in the communication their ticket number from the open trouble ticket) within fifteen (15) calendar days of the event. Marco ▇▇▇▇▇ shall issue the Client the applicable amount indicated below as a credit, and not as a penalty. ▪ Marco ▇▇▇▇▇ will not provide Client with a credit if the monthly Service Availability based on the above criteria is at least 99.90%. ▪ Marco ▇▇▇▇▇ shall provide Client a credit in an amount equal to five percent (5%) of the monthly recurring charge set forth in the SOP if the monthly Service Availability based on the above criteria is 99.00% to 99.89%. ▪ Marco ▇▇▇▇▇ shall provide Client a credit in an amount equal to ten percent (10%) of the monthly recurring charge set forth in the SOP if the monthly Service Availability based on the above criteria is 98.00% to 98.99%. ▪ Marco ▇▇▇▇▇ shall provide Client a credit in an amount equal to fifteen percent (15%) of the monthly recurring charge set forth in the SOP if the monthly Service Availability based on the above criteria is 95.00% to 97.99%. 6.2 There shall be no credits for Outages: SCHEDULE D – PERFORMANCE SPECIFICATIONS PERFORMANCE SPECIFICATIONS FOR UNIFIED COMMUNICATIONS AS A SERVICE (“UCAAS”) ENTERPRISE: Performance Standards: