In a SaaS deployment, the Services shall be available 99.5% of the time, measured monthly excluding scheduled maintenance (“Availability Requirement”). Services are hosted on Customer’s virtual private cloud servers, so they are available only insofar as Customer’s servers are able to support them. RapidCanvas will provide Customer with 24 hours advance written notice of any scheduled maintenance, and RapidCanvas will use commercially reasonable efforts to schedule such maintenance during off-peak use times. If Customer requests maintenance, any uptime or downtime calculation will exclude periods affected by such maintenance. Further, any downtime resulting from outages of third-party connections or utilities or other reasons beyond RapidCanvas's control or which RapidCanvas is unaware of will also be excluded from any such calculation. Customer's sole and exclusive remedy, and RapidCanvas's entire liability, in connection with Service availability shall be that for each period of downtime lasting longer than one hour, RapidCanvas will credit Customer one additional day of Service. Downtime shall begin to accrue as soon as Customer (with notice to RapidCanvas) recognizes that downtime is taking place, and continues until the availability of the Services is restored. In order to receive downtime credit, Customer must notify RapidCanvas in writing within 7 days from the time of downtime, failure to provide such notice will forfeit the right to receive downtime credit. Such credits may not be redeemed for cash and shall not be cumulative beyond a total of credits for 7 additional days of Service in any one (1) calendar month in any event. RapidCanvas will apply the credit at the end of the current Service Term. In order to receive downtime credit, Customer must notify RapidCanvas in writing within 7 days from the time of downtime, failure to provide such notice will forfeit the right to receive downtime credit. Such credits may not be redeemed for cash. RapidCanvas will not grant credit for any period in which the Customer received any Services free of charge.
Notwithstanding the foregoing, RapidCanvas reserves the right to suspend Customer’s access to the Services:
Maintenance
To ensure optimal performance of the Services, RapidCanvas performs periodic maintenance. In most cases, maintenance will have limited or no negative impact on the availability and functionality of the Services. If RapidCanvas expects planned maintenance to negatively affect the availability or functionality of the Services, RapidCanvas will notify customers of the maintenance. In addition, RapidCanvas may perform emergency unscheduled maintenance at any time. If RapidCanvas expects such emergency unscheduled maintenance to negatively affect the availability or functionality of the Services, RapidCanvas will use commercially reasonable efforts to provide advance notice of such maintenance.
