Service Level Agreements

We Stand Behind Our Service

Service Levels: This Section applies if Company has ordered Services and Company’s account is current (i.e., not past due) with Aquavx.

As used herein, the term "Services Site Availability" means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the content of Company's Aquavx Services site is available for access by Company via HTTP and HTTPS, as measured by Aquavx.

Service Level Goal. Aquavx's goal is to achieve 100% Services Site Availability. Subject to condition stipulated below under Exceptions, if the Services Site Availability of Company's Aquavx Services site is less than 100%, Aquavx will issue a credit to Company in accordance with the following schedule, with the credit being calculated on the basis of the monthly service charge for the affected Services.

Exceptions. Customer shall not receive any credits under this Section in connection with any failure or deficiency of Services Site Availability caused by or associated with:

a)   An event of force majeure as described above;
b)   Failure of access circuits to the Aquavx Network, unless such failure is
       caused solely by Aqauvx;
c)    Scheduled maintenance and emergency maintenance and upgrades;
d)    DNS issues outside the direct control of Aquavx;
e)    False SLA breaches reported as a result of outages or errors of any
        Aquavx measurement system;
f)     Company's acts or omissions (or acts or omissions of others engaged
        or authorized by Company), including, without limitation, custom
        scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence,
        willful misconduct, or use of the Services in breach of Aquavx's Terms
        and Conditions and Acceptable Use Policy;
g)   E-mail or web-mail delivery and transmission;
h)   DNS (Domain Name Server) Propagation; or
i)    Outages elsewhere on the Internet that hinder access to Services Site
       account.

Aquavx is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Aquavx will guarantee only those areas considered under the control of AQUAVX: AQUAVX field devices, AQUAVX server links to the Internet, Aquavx's routers, and Aquavx's servers.

Credit Request and Payment Procedures. In order to receive a credit, Company must make a request by email to the AQUAVX Contact designated in the Work Order(s), or to such other address as may be designated by AQUAVX from time to time. Each request in connection with this Section 15 must include Company's account number (per Aquavx's invoice) and the dates and times of the unavailability of Company's iServices Site and must be received by Aquavx within ten (10) business days after Company's Service Site was not available. If the unavailability is confirmed by AQUAVX, credits will be applied within two billing cycles after Aquavx's receipt of Company's credit request.

Notwithstanding anything to the contrary herein, the total amount credited to Company in a particular month under this Section 15 shall not exceed the total hosting fee paid by Company for such month for the affected Services. Credits are exclusive of any applicable taxes charged to Company or collected by Aquavx and are Company's sole and exclusive remedy with respect to any failure or deficiency in the Aquavx Site Availability of Company's Aquavx site.