Blocksi Manager Education Everywhere SLA (Service Level Agreement)

During the Term of the applicable Blocksi Manager Education Everywhere Agreement (or prior versions of the agreement governing the use of Blocksi Manager Education Everywhere ) (the "Agreement"), the Blocksi Manager Education Everywhere Covered Services web interface will be operational and available to Customer at least 99.9% of the time in any calendar month (the "Blocksi Manager Education Everywhere SLA"). If Blocksi LLC does not meet the Blocksi Manager Education Everywhere SLA, and if Customer meets its obligations under this Blocksi Manager Education Everywhere SLA, Customer will be eligible to receive the Service Credits described below. This Blocksi Manager Education Everywhere SLA states Customer's sole and exclusive remedy for any failure by Blocksi LLC to meet the Blocksi Manager Education Everywhere SLA.
Definitions. The following definitions shall apply to the Blocksi Manager Education Everywhere SLA.

  • "Downtime" means, for a domain, if there is more than a five percent user error rate. Downtime is measured based on server side error rate.
  • "Blocksi Manager Education Everywhere Covered Services" means the BMEE Administrator Dashboard, BMEE Teacher Dashboard, BMEE Parent Dashboard, BMEE Delegate Dashboard, Blocksi Router Manager
  • "Monthly Uptime Percentage" means total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month.
  • "Service" means the Blocksi Manager Education Everywhere Services.
  • "Service Credit" means the following:

  • Monthly Uptime Percentage Days of Service added to the end of the Service term (or monetary credit equal to the value of days of service for monthly postpay billing customers), at no charge to Customer
    < 99.9% - >= 99.0% 3
    < 99.0% - >= 95.0% 7
    < 95.0% 15

    Customer Must Request Service Credit. In order to receive any of the Service Credits described above, Customer must notify Blocksi LLC (or, for Customers who ordered Services from a Reseller, Customer may notify Reseller and Customer's Reseller must notify Blocksi LLC) within thirty days from the time Customer becomes eligible to receive a Service Credit. Failure to comply with this requirement will forfeit Customer's right to receive a Service Credit. For Customers who ordered Services from a Reseller, Customer will receive applicable Service Credit from Reseller on behalf of Blocksi LLC.

    Maximum Service Credit. The aggregate maximum number of Service Credits to be issued by Blocksi LLC (or, for Customers who ordered Services from a Reseller, by Reseller on behalf of Blocksi LLC) to Customer for all Downtime that occurs in a single calendar month shall not exceed fifteen days of Service added to the end of Customer's term for the Service (or the value of 15 days of service in the form of a monetary credit to a monthly-billing customer’s account). Service Credits may not be exchanged for, or converted to, monetary amounts, except for customers who are on Blocksi LLC’s monthly billing plan.

    Blocksi Manager Education Everywhere SLA Exclusions. The Blocksi Manager Education Everywhere SLA does not apply to any services that expressly exclude this Blocksi Manager Education Everywhere SLA (as stated in the documentation for such services) or any performance issues: (i) caused by factors described in the "Force Majeure" section of the Agreement; or (ii) that resulted from Customer's equipment or third party equipment, or both (not within the primary control of Blocksi LLC).