Service Level Agreement

This Service Level Agreement ("SLA") is an addition to the Fortune-Z Subscription Terms of Service between you ("Customer") and Fortune-Z. Capitalized terms used in this SLA that are not defined herein have the meanings given to them in the Agreement.

Target Availability

Fortune-Z will use commercially reasonable efforts to make each Service available with an uptime of 99.85% of each calendar month ("Target Availability").

Exclusions

The SLA does not apply to any errors:
(i) caused by factors outside of Fortune-Z's reasonable control;
(ii) that resulted from Customer’s software or hardware or third party software or hardware, or both; (iii) that are result of abuses or other behaviors that violate the Agreement;
(iv) Services that are being limited by quotas.

Scheduled Maintenance

"Scheduled Maintenance" means Fortune-Z's scheduled routine maintenance of the Services for which Fortune-Z notifies Customer at least twenty-four (24) hours in advance. Scheduled Maintenance will not exceed four (4) hours per month.

Remedy for Failure to Meet Target Availability

If there is a verified failure of a Service to meet Target Availability in two (2) consecutive months, then Customer may terminate the applicable Subscription Term by sending written notice of termination within fourteen (14) days after the end of the second such month, in which case Fortune-Z will refund to Customer any fees Customer has pre-paid for use of such Service for the terminated portion of the applicable Subscription Term. This termination and refund right is Customer's sole and exclusive remedy, and Fortune-Z's sole and exclusive liability, for Fortune-Z's failure to meet the Target Availability.