2. Service Credits.
(a) If we confirm there is a failure to meet the Service Level Commitment in a particular calendar month and you make a request for service credit within fifteen (15) days after the end of such calendar month, you will be entitled to a credit based on (a) the monthly fees invoiced in the month experiencing such failure, if you have a monthly subscription plan or (b) 1/12 of annual fees invoiced for the affected Cloud Product you have provisioned, if you have an annual plan (“Service Credit”). To receive a Service Credit, you must submit an email to firstname.lastname@example.org with all fields fully and accurately completed, and provide any other reasonably requested information or documentation. Our monitoring and logging infrastructure is the source of truth for determining Monthly Uptime Percentage, errors and whether we have met the Service Level Commitment. All calendar months will be measured in UTC time zone.
(b) The Service Credit will be calculated as twenty-five (25) multiplied by the excess beyond the associated Uptime Percentage. For illustration:
If the Monthly Fee is $1,000, the Premium Service Level Applies, and Chinafy experiences an uptime of 99.25%, then the calculation is: 25 x $1,000 x (99.95% - 99.25%) = $175
We will apply each Service Credit against a future payment otherwise due from you for Chinafy, provided that your account is fully paid up, without any outstanding payment issues or disputes. No refunds or cash value will be given for unused Service Credits. Service credits are non-transferable. The aggregate maximum of Service Credits applied to an invoice will not exceed 100% of the amount invoiced for the affected Cloud Product in that invoice billing period (as opposed to the actual month Chinafy was unavailable). We reserve the right to deny a Service Credit if you do not qualify for one.
(c) If you ordered Chinafy through a Reseller, (x) you or the Reseller remain responsible for submitting a ticket (an email) as set forth in Section 2(a) above; and (y) any Service Credits will be based on the fees invoiced to the Reseller for you use of Chinafy under its applicable order(s) with us, we will issue any associated Service Credits to the Reseller (not directly to you), and the Reseller will be solely responsibile for issuing the appropriate amounts to you. Section 2(b) applies to the Reseller and its applicable orders and invoices with us.
3. Exclusions. you will not be entitled to a Service Credit if you are in breach of the Terms. The Service Level Commitment will not include unavailability to the extent due to: (a) your use of Chinafy in a manner not authorized in the Terms or not in accordance with the applicable Documentation; (b) force majeure events or other factors outside of our reasonable control, including, without limitation, Internet access or related problems; (c) your equipent, software, network connections or other infrastructure; (d) Your Data or Your Materials (or similar concepts as defined in the applicable Terms); (e) third-party equipment, apps, add-ons, software or technology (other than our agents and subcontractors); or (f) routine scheduled maintenance or reasonable emergency maintenance; or (g) components or features on sites for which Chinafy does not offer support; or (h) changes, updates, or alterations to components or features on sites for which Chinafy does offer support; or (i) inaccessibility of your URL due to factors beyond our control. No Service Level Commitment or Service Credits are provided for (x) sandbox instances or free, proof-of-concept, beta or trial services, or (y) features excluded from the Service Level Commitment (in the applicable Documentation).
4. Exclusive Remedies. Service Credits are your sole and exclusive remedy, and our sole and exclusive liability, for our failure to meet the Service Level Commitment.
5. Definitions. All capitalized terms not otherwise defined are as set forth in the Terms of Service or your applicable agreement with Chinafy.
• “Monthly Uptime Percentage” means 100% minus the percentage of Downtime minutes out of the total minutes in the relevant calendar month.
• “Downtime” for Chinafy occurs when your site is unable to be delivered with the intended remediations.