Service Level Agreement

1. Service Availability

Impaqx shall use commercially reasonable efforts to ensure that the Solutions is generally available 99.5% of the time in a calendar month during the Subscription Term.

General availability will be calculated per calendar month, as follows:

[((total – nonexcluded – excluded) / total – excluded) * 100] ≥ 99.5%


  • total means the total number of minutes for the month
  • nonexcluded means periods of downtime that are not excluded
  • excluded means the following:
    • Any planned downtime for which Impaqx provides 24 hours or more notice.
    • Delay or failure of performance caused in whole or in part by Customer’s delay in performing, or failure to perform, any of its obligations under the Agreement
    • Failure of Customer’s or its Authorized Users’ network, Internet, hardware, software or systems,
    • Any unavailability caused by circumstances by Force Majeure events defined in Section 10.10.

Impaqx will make commercially reasonable efforts to not schedule planned downtime during the hours 3:00 am (Eastern) to 9:00 pm (Eastern), Monday through Friday. Additionally, Impaqx will make commercially reasonable efforts to restrict scheduled maintenance to not more than two (2) events per month and not more than four (4) hours per event.

The measurement of Service Availability is the availability of the Solutions at the hosting center’s Internet connection points. Customer may request a response time report not more than once per month via Impaqx Support.

2. Service Credits

In the event that Impaqx fails to maintain the above the stated Service Availability and Service Response levels in any given month during the Term (a “Service Level Failure”), Impaqx’s sole liability and Customer’s sole and exclusive remedy will be for Impaqx to provide Service Credits to Customer in accordance with the tables below. Customer must notify Impaqx of such Service Level Failure within 10 days following the end of the month in question by emailing To be eligible for Service Credits, the email request must include: (i) the subject line of: “SLA Credit Request”; and (ii) the dates and times of each interruption in service that Customer is claiming. The credits shall be calculated by dividing the fees for the Solutions, as stated in the Order, by the number of months in the applicable subscription term and then applying the percentages below.

Service Availability Credits

  • < 99.5%: 10% credit 
  • < 99%: 25% credit 
  •  < 95%: 50% credit