We Build Apps LLC (WBA) shall maintain commercially reasonable standards and procedures to address the configuration, operation, and management of its systems and networks, services, as well as data owned by Customer. Such standards and procedures shall include commercial or professional-grade (a) security controls, (b) identification and patching of security vulnerabilities on a commercially reasonable schedule, (c) use of anti-virus software, (d) change control processes and procedures, (e) problem management, and (f) incident detection and management.
WBA shall provide a minimum of 99.9% uptime for all the hosted network components and functionality of the WBA Software as measured on a calendar quarterly basis, over a twenty-four (24) hour period of all days during such calendar quarter and excluding those periods of time designated as scheduled downtime which shall not exceed 60 minutes per month. In no event shall WBA uptime obligations be subject to any downtime, intermittent or inconsistent performance by any Customer or third party system, API, web service or similar integrated to any WBA Software.
If WBA does not maintain 99.9% uptime during any calendar quarter, customer is entitled to one month’s service fee as the sole and exclusive remedy. Uptime is measured by the customer’s ability to login and use the software. Customer may request a credit by emailing their account representative.
Exclusions to the uptime guarantee include but are not limited to scheduled downtime, failure of third-party systems that WBA has no control over or any issues with customer’s network or hardware in accessing the software.
WBA shall use its logs and other reporting tools to verify up time.
Last Updated: July 10, 2017
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