The Services shall be available 99.9%, measured monthly, excluding scheduled maintenance. If Customer requests maintenance during these hours, 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 Company’s control will also be excluded from any such calculation. Customer's sole and exclusive remedy, and Company's entire liability, in connection with Service availability shall be that for each period of downtime lasting longer than one hour, Company will credit Customer 2.5% of Service fees for each period of 30 or more consecutive minutes of downtime; provided that no more than one such credit will accrue per day. Downtime shall begin to accrue as soon as Customer (with notice to Company) 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 Company in writing within 24 hours from the time of downtime, and 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 one (1) week of Service Fees in any one (1) calendar month in any event. Company will only apply a credit to the month in which the incident occurred. Company’s blocking of data communications or other Service in accordance with its policies shall not be deemed to be a failure of Company to provide adequate service levels under this Agreement.
Company only provides that communications services (including but not limited to phone, fax, SMS and email) are processed correctly and delivered by Company to the applicable network or server. Company is not responsible for the final delivery of any communication initiated through Company’s Services, as this is out of Company’s control and is the responsibility of the communications carrier.
Company transmits and receives text messages and voice broadcasts via major telecommunications companies and mobile network operators, and thus Company’s influence over the timing of the transmission of Customer’s messages and broadcasts is within the technical constraints imposed upon Company. While Company shall use commercially reasonable efforts to transmit messages and broadcasts to the applicable network for final delivery to designated recipients as fast as possible, Company cannot commit to, and do not guarantee, a specific maximum delivery time. Such times depend on various network and system-related factors among the various entities involved in the transportation of messages and broadcasts across the public switched telephone network and/or Internet. Customer should know that communications carriers assign text messages and voice broadcasts with a default lifetime and any message or broadcast that cannot be delivered successfully within the lifetime assigned to it will be discarded by the communications carrier without any notice. Company is not liable for any loss incurred by the failure of a message or broadcast to be delivered, and Customer acknowledges that damages for financial or other loss resulting from delivery failure cannot be claimed from Company for any such non-deliveries. Furthermore, Customer agrees that message and broadcast contents are deemed to have zero value.