During the Term of the applicable Google Apps Agreement (the “Agreement”), the Google Apps Covered Services web interface will be operational and available to Customer at least 99.9% of the time in any calendar month (the "Google Apps SLA"). If Google does not meet the Google Apps SLA, and if Customer meets its obligations under this Google Apps SLA, Customer will be eligible to receive the Service Credits described below. This Google Apps SLA states Customer's sole and exclusive remedy for any failure by Google to meet the Google Apps SLA.
The following definitions shall apply to the Google Apps SLA.
+ "Downtime" means, for a domain, if there is more than a five percent user error rate. Downtime is measured based on server side error rate.
+ "Google Apps Covered Services" means the Gmail, Google Calendar, Google Talk, Google Docs, Google Groups and Google Sites components of the Service. This does not include the Gmail Labs functionality, Google Apps – Postini Services, Gmail Voice or Video Chat components of the Service.
+ "Monthly Uptime Percentage" means total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month.
+ "Service" means the Google Apps for Business service (also known as Google Apps Premier Edition), Google Apps for Government service, Google Apps for ISPs service (also known as Google Apps Partner Edition), or Google Apps for Education service (also known as Google Apps Education Edition) (as applicable) provided by Google to Customer under the Agreement.
+ "Service Credit" means the following:
|Monthly Uptime Percentage||Days of Service added to the end of the Service term, at no charge to Customer|
|< 99.9% - ≥ 99.0%||3|
|< 99.0% - ≥ 95.0%/td>||7|
Customer Must Request Service Credit. In order to receive any of the Service Credits described above, Customer must notify SMS within thirty days from the time Customer becomes eligible to receive a Service Credit. Failure to comply with this requirement will forfeit Customer’s right to receive a Service Credit.
Maximum Service Credit.
The aggregate maximum number of Service Credits to be issued by SMS to Customer for all Downtime that occurs in a single calendar month shall not exceed fifteen days of Service added to the end of Customer’s term for the Service.Service Credits may not be exchanged for, or converted to, monetary amounts.
Google Apps SLA Exclusions.
The Google Apps SLA does not apply to any services that expressly exclude this Google Apps SLA (as stated in the documentation for such services) or any performance issues: (i) caused by factors described in the “Force Majeure” section of the Agreement; or (ii) that resulted from Customer’s equipment or third party equipment, or both (not within the primary control of Google).