Vygo Platform Uptime and Service Credits
The Vygo platform shall be available 99.9%, measured monthly, excluding scheduled maintenance. If the partner requests maintenance during these hours, any uptime or downtime calculation will exclude periods affected by such maintenance. Further, any downtime resulting from outages of third party connections or utilities or other reasons beyond Vygo’s control will also be excluded from any such calculation. The Partner’s sole and exclusive remedy, and Vygo’s entire liability, in connection with Service availability, shall be that for each period of downtime lasting longer than one hour, Vygo will credit the Partner 5% of monthly fees (calculated as the annual Service fees divided by 12) for each period of 30 or more consecutive minutes of downtime; provided that no more than one such credit will accrue per day.
Downtime shall begin to accrue as soon as the partner (with notice to Vygo) recognizes that downtime is taking place, and continues until the availability of the platform is restored. In order to receive downtime credit, the Partner must notify Vygo in writing within 72 hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit. Such credits may not be redeemed for cash and shall not be cumulative beyond a total of credits for twenty-five (25) per cent of the effective Monthly Service Fees in any one (1) calendar month in any event. Vygo will apply a credit to any future invoice.
