1. Cocoonfxmedia shall use Commercially Reasonable Efforts to make its servers available 24 hours a day, seven days a week for 100% network availability (Uptime Service Level).
2. The servers shall be considered as unavailable only during periods when the servers and/or connectivity is either completely inaccessible or is severely degraded, or major components of the servers are not operational, and work cannot reasonably continue; and
3. The servers shall not be considered as "unavailable" during necessary maintenance, Customer-caused outages or disruptions, or outages or disruptions attributable in whole or in part to a cause outside Cocoonfxmedia reasonable control.
(a) prioritise all Support Requests based on its reasonable assessment of the severity level of the problem reported; and
(b) respond to all Support Requests in accordance with the responses and response times specified in the table set out below:
1. If availability falls below the Uptime Service Level in a given calendar month (Service Delivery Failure), Cocoonfxmedia shall provide Service Credits at a rate of 5% of the total monthly Hosting Fee (which shall be one twelfth of the annual Hosting Fee) for every 30 minutes of Service Delivery Failure evidenced by the Client.
2. If Cocoonfxmedia fails to achieve a relevant Support Response Time (Service Delivery Failure), Cocoonfxmedia shall provide Service Credits at a rate of 5% of the total monthly Hosting Fee (which shall be one twelfth of the annual Hosting Fee) for every failure to achieve the relevant Support Response Time.
3. The maximum Service Credit allowable in respect of a given month is limited to 100% of the total monthly Hosting Fee payable for the month in which the Service Delivery Failure occurred.
4. Service Credits shall be calculated by Cocoonfxmedia and placed on account, without expiry, for use against future service invoices.
5. The Client must notify Cocoonfxmedia within 7 days of a failure to meet either the Uptime Service Level or Support Response Time to claim service credits.
6. The Client acknowledges and agrees that the terms of this agreement relating to Service Credits do not operate by way of penalty and constitute a genuine attempt to pre-estimate loss.
7. The provision of a Service Credit shall be an exclusive remedy for a particular Service Delivery Failure.
8. Service Credits shall be shown as a credit held on account and deducted from the amount due from the Client to Cocoonfxmedia on the next invoice issued. Cocoonfxmedia shall not in any circumstances be obliged to pay any money or make any refund to the Client.
9. Credits may not be issued if the Client’s account is past due, suspended, or pending suspension, nor will Credits be issued in cases where the Client is in breach of our Terms and Conditions of Service