PATENTEXT INC. — PLATFORM SERVICE LEVEL AGREEMENT
This Service Level Agreement ("SLA") forms part of Patentext's Master
Service Agreement, available at: patentext.com/legal/terms-conditions (the "Agreement"). Capitalized terms used but not defined in this SLA
have the meanings set forth in the Agreement.
- Uptime. Patentext commits that the Platform will be available 99.5% of the
time in any calendar month (the "Uptime Commitment"). Uptime is
measured monthly, commencing at 12:00 am on the first calendar day of the month in
accordance with the following formula:
- Service Outage. A "Service Outage," as used above,
occurs when (a) material features or functionality of the Platform cannot be accessed or
utilized by Customer or its Users; and (b) such failure is recorded with Patentext's
helpdesk. The length of the Service Outage is measured from the time the technical
support request is submitted to Patentext until the time Patentext confirms that the
affected Platform is again able to transmit and receive data. Service Outages exclude
any time that the Platform is unavailable due to (i) Scheduled Maintenance (as defined
below) or (ii) reasons outside Patentext's direct control, including: (1) Customer's or
a User's own telecommunications or Internet service providers; (2) a Force Majeure
Event; (3) any systemic Internet failures; or (4) any failure in Customer's or a User's
own hardware, data, software or network connection.
- Scheduled Maintenance. "Scheduled Maintenance" means a
planned maintenance period or scheduled downtime. Patentext will use commercially
reasonable efforts to notify Customer one week in advance of any Scheduled Maintenance.
- Limitations. Patentext is not responsible for correcting any Service Outage
or other error not reproducible by Patentext on the unmodified Platform or errors caused by
any of the following: (a) any alterations of or additions to the Platform or Platform
Technology made by parties other than Patentext; (b) use of the Platform or Platform
Technology in a manner for which it was not designed; or (c) accident, negligence, or
misuse of the Platform.