For the purposes of this Service Level Agreement (the “Developer SLA”), the capitalized words are defined as set forth below. Terms used but not defined herein have the meanings given to them in the Developer Terms of Service (“Developer Terms”). This Policy may be updated or amended from time to time in accordance with provisions of the Developer Terms.

  1. Uptime Commitment
    DataQ will provide a Monthly Uptime Percentage of at least 99.5% for the Developer Services, as measured and monitored by DataQ (“Uptime Commitment”). If, during any full month that you are using the Developer Services, DataQ determines that the Monthly Uptime Percentage falls below our Uptime Commitment, you will be eligible for a Service Credit as described in Section B, subject to your compliance with the Developer Terms of Service and the conditions in Sections C and D below.
  2. Service Credits
     

    Monthly Uptime Percentage

    		 Service Credit
    99.50% – 99.00% 2%
    98.99% – 95.00% 5%
    94.99% or lower 10%

    We will multiply the applicable percentage identified in the Service Credit column above by the amount of your invoice for the month we failed to meet our Uptime Commitment (“Credit Month”) to determine the amount of the Service Credit to be applied for the Credit Month.

  3. Upon request by Developer, DataQ will provide a report covering the Monthly Uptime Percentage for a particular month. To receive a Service Credit, Developer must log a support ticket with DataQ within thirty (30) days after the last day of the month in which the Uptime Commitment was not met. Developer must include all information necessary for DataQ to validate its claim.
  4. Limitations & Exclusions
    1. The total Service Credits that we will be required to issue for any credit month as provided in this Developer Services SLA will not exceed 10% of the total amount due by you in any invoice for that credit We will apply the service credit as a deduction against fees payable in the next month following the credit month. Service credits are not refunds, cannot be exchanged into a cash amount, cannot be carried forward to future months, and expire upon termination of the applicable order form.
    2. The Uptime Commitment does not apply to Downtime that is a result of (i) any emergency maintenance or which occurs for less than two (2) continuous minutes, (ii) any early-release products and/or features, (iii) your Application, any third-party systems you are using with the Developer Services, or any actions of, or failures caused by you, your Authorized Users or a third-party (including network connectivity through internet service  providers), (iv) for downtime or errors that result from your failure to use the Developer Services in accordance with the Documentation, (v) downtime of the third-party products incorporated into the Developer Services (e.g., third-party networks providing Medication History Services and/or Medical History Services), (vi) Force Majeure events, or (vii) for usage limits that DataQ may impose under Section A(2)(c)(iv) of the Developer Terms.
    3. Developer must reasonably assist DataQ in investigating the cause of the Downtime.
  5. Exclusive Remedy. The right to Service Credits specified herein is Developer’s sole and exclusive remedy for any failure by DataQ under this Developer Services
  6. Definitions
    1. “Credit Month” has the meaning set forth in Section B.
    2. “Downtime” means the total number of minutes in a month in which the Developer Services are not available as measured by DataQ and does not include Scheduled Downtime.
    3. “Monthly Uptime Percentage” means the percentage of time each month that the Developer Services are available to you on a continuous basis, 24 hours per day, 7 days per week, subject to the exclusions in Section D above.
    4. “Scheduled Downtime” means the time, in minutes, in a given calendar month for which the Developer Services are undergoing scheduled maintenance.
    5. “Scheduled Uptime” means the total number of minutes during a given calendar month.
    6. “Service Credit” has the meaning set forth in Section B.
    7. “Uptime Commitment” has the meaning set forth in Section A above.

 

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