V2026 08
xyzt.ai will use commercially reasonable efforts to make the Services available with a Monthly Uptime Percentage of at least 99.9% during each calendar month.
For purposes of this Schedule, “Monthly Uptime Percentage” means the percentage of total minutes during the applicable calendar month in which the Services are available to the Customer, excluding any downtime falling within the SLA Exclusions set out below.
Monthly Uptime Percentage shall be determined based on xyzt.ai’s monitoring systems and records, unless the Customer provides reasonable and objective evidence demonstrating that such records are materially inaccurate.
If the Monthly Uptime Percentage falls below 99.9%, the Customer may be eligible for a Service Credit in accordance with the following table:
Monthly Uptime Percentage |
Service Credit |
< 99.9% and ≥ 99.0% |
10% |
< 99.0% and ≥ 95.0% |
30% |
< 95.0% |
100% |
The applicable Service Credit percentage shall be calculated solely against the recurring subscription Charges attributable to the affected calendar month.
For the avoidance of doubt, a 100% Service Credit means a credit equal to the recurring subscription Charges attributable to the affected calendar month only and shall not entitle the Customer to a refund or credit of Charges relating to any other month or period.
Service Credits constitute the Customer's sole and exclusive monetary remedy for any failure by xyzt.ai to meet the uptime commitment set out in this Schedule.
SLA Exclusions
Downtime shall not be taken into account when calculating the Monthly Uptime Percentage to the extent that such downtime results from circumstances including, but not limited to:
- scheduled maintenance, provided that reasonable prior notice is given where practicable;
- emergency or urgent maintenance;
- any act or omission of the Customer or an Authorised User;
- Customer Systems, networks, infrastructure, software or configuration;
- third-party telecommunications networks, internet connectivity or services outside the Service Provider's reasonable control;
- a Force Majeure event as defined in the Agreement;
- suspension of the Services in accordance with the Agreement;
- the Customer's breach of the Agreement or applicable Order;
- beta, preview, trial or other functionality expressly identified as not being generally available;
- unauthorised use of the Services or use contrary to the Documentation or the Agreement; or
- circumstances arising from systems or services outside the Managed Infrastructure.
Service Credit Claims
To receive a Service Credit, the Customer must submit a written claim to [email protected] with the subject line “SLA Credit Request”.
The claim must include sufficient information to allow xyzt.ai to verify the claimed downtime, including the relevant dates, approximate start and end times, duration and a description of the affected Services.
The claim must be received no later than sixty (60) calendar days following the end of the calendar month in which the relevant downtime occurred.
xyzt.ai will reasonably investigate the claim and, where the Monthly Uptime Percentage is confirmed to have fallen below the applicable commitment, the corresponding Service Credit will be applied against future Charges payable by the Customer.
Service Credits are not redeemable for cash and will not be paid as refunds, except where required by mandatory applicable law.
In no event shall the total Service Credits for any calendar month exceed 100% of the recurring subscription Charges attributable to that affected calendar month.