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  1. Service Availability Commitment.
    It is the goal of Kipu Systems, LLC (“Kipu”) to have its Services available to Customers twenty-four hours a day seven days a week, with the exception of Planned Downtime. Kipu will use commercially reasonable efforts to provide Customers with average annual availability (excluding Planned Downtime) that is equal to or greater than 99.99%. Kipu’s records and data shall be the basis for all service availability calculations and determinations.
  2. Planned Downtime
    a. Planned Downtime. Planned downtime occurs when Customer has no access to the Services due to scheduled maintenance by Kipu or Kipu’s data center host (“Planned Downtime”).
    b. Scheduling of Planned Downtime. Kipu will make commercially reasonable efforts to schedule Planned Downtime at a time and manner reasonably anticipated to minimize disruptions to all of its affected Customers. It is anticipated that Planned Downtime will include scheduled maintenance and application upgrades.
    c. Notice for Planned Downtime. Kipu will use commercially reasonable efforts to provide twenty-four (24) hours prior notice for scheduled Planned Downtime not to exceed one (1) hour. For all Planned Downtime scheduled to last one (1) hour or more, Kipu will use commercially reasonable efforts to provide at least seventy-two (72) hours prior notice.
  3. Severity Levels
    a. Unplanned service interruption occurs when the Customer’s access to Services is affected by problems of severity level 0 through 4 (“Unplanned Service Interruption”). Severity levels for Unplanned Service Interruptions are described in the following schedule.
Service Interruptions schedule.
  1. Service Availability Commitment Remedy.
    a. Kipu will use commercially reasonable efforts to respond to Unplanned Service Interruptions, 24x7x365 that are reported through one of Kipu’s Customer Support channels listed at https://kipuhealth.com/customer-service/#support using the guidelines below:
Unplanned Service Interruptions chart

b. Unplanned Service Interruption. In the event Customer experiences a Level 1 or 0 Unplanned Service Interruption in any calendar month, subject to the conditions set forth in this Section 4, Customer shall be eligible to receive from Kipu a service credit “Service Credit” in accordance with the following schedule:

Service credit chart

c. Customer Must Request Service Credit. In order to receive any of the Service Credits described in this Section 4 Customer must notify Kipu within thirty (30) 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.

d. Payment of Service Credit. The Service Credit will be issued on the Kipu invoice for the period following Customer’s request for the Service Credit, unless the Service Credit is due in Customer’s final month of the Term. In such a case the refund for the dollar amount of the Service Credit will be mailed to Customer.

e. Termination Option for Chronic Problems. In the event Customer experiences three (3) Level 0 Unplanned Service Interruptions in any single calendar month for two (2) consecutive calendar months, Customer may terminate its Agreement without breach or penalty by notifying Kipu within five (5) days following the end of the second consecutive calendar month in which there were three (3) Level 0 Unplanned Service Interruptions.

f. Service Credit(s) and the Termination Option shall only be available to Customers with a Service Agreement entered into on or after May 1, 2016 and who pay a Subscription Fee during the month of any issue arising hereunder.

g. The Credits apply only to the monthly Subscription Fee up to an amount of $500 per instance/facility/location.

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