Service Level Agreement

5. Service Availability Commitment

5.1 The Service Provider shall use commercially reasonable efforts to make each applicable production Covered Service available in accordance with the following Monthly Availability Commitment:-

The Monthly Availability Commitment applies separately to each production Covered Service that is:-

(a) expressly included in the Subscriber’s Subscription Package;

(b) directly operated, managed, or controlled by the Service Provider; and

(c) made available for production use under the Subscription Agreement.

For the avoidance of doubt, the Monthly Availability Commitment does not apply to sandbox, test, beta, proof-of-concept, free-trial, preview, custom-development, implementation, training, or professional-services environments unless expressly agreed in writing.

5.2 Measurement of Availability

(a) Availability for each Covered Service and Measurement Period shall be calculated as follows:-

Availability = (Eligible Minutes − Unavailable Minutes) ÷ Eligible Minutes × 100

The calculation shall be made separately for each Covered Service.

(b) A minute is an Unavailable Minute only where a material production function of the applicable Covered Service is unavailable to a material proportion of its intended users, as confirmed by the Service Provider’s monitoring and incident records.

(c) The Service Provider’s monitoring systems shall be the primary reference source. Where the Subscriber reasonably demonstrates a material discrepancy using its own evidence, the parties shall in good faith reconcile the records and adjust the calculation where appropriate.

(d) Unavailable Minutes shall exclude Excluded Events, Emergency Maintenance meeting Clause 6.2, and Scheduled Maintenance notified in accordance with Clause 6.1.

(e) Where a Covered Service is provided for part only of a Measurement Period, Availability is calculated by reference to that part. Where there are no Eligible Minutes in a Measurement Period, the applicable Monthly Availability Commitment is deemed to have been met and no SLA Credit is payable for that Measurement Period.

(f) Covered Service Measurement Boundaries

Availability is measured separately for each Covered Service against its material production function as set out below:-

A failure of one capability does not make another Covered Service unavailable unless that other Covered Service is also unable to perform its material production function.

Availability does not measure the legal validity, recipient acceptance, accreditation, payment outcome, email delivery, or blockchain finality of a Credential.