Service Level Guarantee
Lexbe guarantees to Lexbe eDiscovery Platform (LEP) customers that a customer’s access to an LEP Account will have Service Level Availability (see below) of at least 99.99%. If customer’s access to an LEP Account is less than 99.99%, then customer will be entitled to a pro rata credit for charges during the period of unavailability, except that credit under this section shall not be applicable or available in connection with any failure or deficiency of Service Level Availability caused by or associated with Service Level Credit Exceptions.
"Service Level Availability” means access to an LEP Account at least 99.99% of the time in a billing month, based on 24-hour days for the number of days in the subject month from the Internet in the United States. “Service Level Credit Exceptions” means (a) circumstances beyond Lexbe’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, (b) unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or service, unless such failure is substantially caused by Lexbe; (c) scheduled maintenance and emergency maintenance and upgrades; (d) DNS failure outside the direct control of Lexbe; (d) customer's or customer’s users’ acts or omissions (or acts or omissions of others engaged or authorized by customer or customer’s Users), including, without limitation, any negligence, willful misconduct, or use of LEP in breach of this Agreement; (e) outages elsewhere on the Internet that hinder access to the customer’s Account.
To receive a credit, customer must make a request by sending an email message to support@Lexbe.com. Each request in connection with this Service Level Agreement should include dates and approximate times of the unavailability of customer’s LEP Account and must be received by Lexbe within ninety (90) days after customer’s LEP Account was not available. Credits under this section are the sole and exclusive remedy of customer with respect to any failure or deficiency in connection with Service Level Availability.