Common use of Service Level Guarantee Clause in Contracts

Service Level Guarantee. CureMD guarantees to have the Licensee’s access available through internet access 99% of the time in any given month. In the event that the Licensee’s access is not available for 99%, CureMD will credit the following month's Subscription Fee as follows: Such credit shall be retroactive and calculated against 24 hours a day in a calendar month. In order for the Licensee to receive a credit on the Licensee’s account, the Licensee must request such credit within seven (7) days after the Licensee experienced the down time by sending an e-mail to ▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. The body of the message must contain the Licensee’s account number, the dates and times of the unavailability, Licensee identification requested by CureMD and sufficient detail for CureMD to validate the unavailability. Credits will usually be applied within sixty (60) days of the Licensee’s credit request. This Service Level Guarantees and credits are subject to Force Majeure Clause hereof, as well as availability of Software and access capability at the time of outage. This guarantee applies to Licensees in good financial standing with CureMD at the time of a service outage. CureMD retains sole discretionary power when determining whether or not this guarantee has been met. The issuance of credits to the Licensee hereunder shall be the Licensee’s sole and exclusive remedy for any claim and the Licensee hereby waive the right of any action, legal or otherwise, against CureMD by accepting the applicability of the service level credits to any claims the Licensee might have relating to the quality of service hereunder.