Up-Time and Reliability. Scalr uses commercially reasonable efforts to make its Services available and operational to Customer for 99.9% of all Scheduled Availability Time (“Target Up-Time”), calculated by Scalr on a monthly, per-minute basis. Actual service availability is measured and solely determined by Scalr for each month (“Month Service Availability”). “Scheduled Availability Time” means twenty-four (24) hours a day, seven (7) days a week, excluding: (i) scheduled maintenance downtime not exceeding five (5) hours per month in the aggregate; and (ii) any downtime due to defects caused by Customer, one of its vendors, third party connections, utilities, or equipment, or caused by other forces beyond the reasonable control of Scalr (such as denial of service attacks, internet or third-party service outages or outages with respect to Customer’s network or internet access). Scalr uses commercially reasonable efforts to provide at least eight (8) hours advance notice via email or text of any scheduled maintenance downtime and, to the extent practicable, such downtime shall be scheduled during the weekend hours between 18:00 Friday and 3:00 Monday Pacific Time. In the event of any outages described above, Scalr will use commercially reasonable efforts to minimize any disruption, inaccessibility and/or inoperability of the Services in connection with outages, whether scheduled or not.
Service Credits. As Customer’s sole and exclusive remedy for any failure of the Services to achieve the Target Up-Time, Customer may request Service Credits in an amount equal to the product of the Service Credit Allowance from the table below and the fees fully paid by Customer in that month or in the case of Customer is on an annual plan, one twelfth (1/12) of fully paid annual fees.