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Benergy Service Level Agreement
Benergy Interworks Service Level Agreement
Ebix, Inc. ("We" or "Our") recognizes that dependable access to the Benergy services is important to our Customers ("You"). This Service Level Agreement applies to the software and hardware systems owned or operated on Our behalf that make the Benergy services available to You via the Internet ("Benergy System"). This Service Level Agreement is for the benefit of Customers who enter into agreements with Us. Defined terms not included in this agreement will have the meanings defined in the license agreement between You and Us.
A. Performance Obligations.
1. Availability of the Benergy System.
We will make the Benergy System available to You and Your Users more than 99% of the time ("System Uptime"). We will measure the System Uptime percentage on a monthly basis according to the following formula: (i) the sum of (1) number of minutes in the month less (2) the total number of minutes of system downtime in the month, (ii) divided by the number of minutes in the month.
2. Scheduled Downtime.
We will provide advance notice to You of any anticipated Scheduled Downtime Periods for routine system maintenance to the Benergy System. "Scheduled Downtime" means any scheduled Benergy System unavailability as communicated to You, which may include without limitation scheduled maintenance, upgrades of hardware or software, or upgrades to increase storage capacity. Scheduled Downtime is not included in the calculation of availability of the Benergy System described above.
B. SLA Limitations.
Our obligations to meet the Service Level Agreement do not apply in the event of, and We are not responsible for any damages or losses whatsoever related to, any of the following: (i) Scheduled Downtime; (ii) Your or Your Users’ behavior or the performance or failure of Your equipment, facilities or applications; (iii) Any failure in data transportation not the result of our gross negligence or willful misconduct; and (iv) Circumstances beyond our reasonable control.
C. Services not included in this Service Level Agreement.
This Service Level Agreement only applies to our core Benergy Services offering. The service levels do not apply to the following: (i) Non-production or test web sites or systems; and (ii) Any professional or supplemental services outside the standard Benergy System offering such as those that we undertake to perform custom integration or conversion services on Your behalf.
D. Customer Obligations.
To facilitate Us providing the Benergy System, You agree to undertake the following: (i) Maintain Your-owned equipment, Your-managed networks, and Your-managed systems and systems interfaces to appropriate minimum standards; (ii) Abide by the security procedures specified by Us and perform reasonable and customary security practices to preclude attempts to circumvent any security procedures of the system; (iii) Provide timely notification of any issues and give appropriate lead time to Us for any special requests; (iv) Make all reasonable efforts to assist Us in identifying, isolating and replicating issues found in the Benergy System; (v) Be responsible for maintenance of account access that surround application logons, including maintaining usernames and passwords for You and Your Users; and (vi) Take appropriate actions to prevent the circumvention or interference with any security precautions or measures taken by Us related to the Benergy Services.