The minimum availability
The minimum availability of the Service in any given month, and the credits for failure to meet such availability (excluding the Exclusions set forth below) are as follows:
| Availability Warranty | Credit |
| 99.95 – 99.90% | 10% of monthly fee |
| 99.90 – 99.50% | 20% of monthly fee |
| Less than 99.50% | 50% of monthly fee |
Availability Metric
The Service’s availability metric is measured using PortaOne’s monitoring software. This monitoring software will run from a minimum of three global locations with staggered timing. On a monthly basis, the Service’s availability metric will be measured using the measurable 5-minute increments in the month (total measurable 5-minute increments minus Exclusions (defined below) as the denominator. The numerator is the denominator value minus the time of any outages in the month (duration of all outages combined minus Exclusions) to give the percentage of available uptime. An “outage” is defined as two consecutive monitor failures on all monitoring locations simultaneously within a five-minute period, lasting until the condition has cleared.
Exclusions
The Service’s availability metric shall not apply to performance issues caused by the following:
- overall Internet congestion, slowdown, or unavailability;
- unavailability of generic Internet services (e.g. DNS servers) due to virus or hacker attacks;
- force majeure events as described in the terms of agreement;
- actions or inactions of Customer (unless undertaken at the express direction of PortaOne) or third parties beyond the control of PortaOne;
- a result of Customer equipment or third-party computer hardware, software, or network infrastructure not within the sole control of PortaOne;
- scheduled Service infrastructure maintenance; and
- upgrades and patches made to the Service that occur approximately four times per year may require downtime in addition to the scheduled maintenance. This downtime will be scheduled in advance and coordinated with Customer.
SLA for PortaOne Cloud Products
Technical Support Policy for PortaOne Add-on mart
PortaOne Add-on Mart Components & Definitions
PortaOne Add-on Mart is a cloud-based add-on service available to all PortaOne customers. For the purposes of this technical support policy, PortaOne Add-on Mart consists of 2 independent components:
- Add-on Mart Marketplace (sign-up and self-care portal) [“Add-on Mart Marketplace”]
- Add-on Mart Apps listed on the marketplace [“Add-on Mart Apps”]
Add-on Mart App Types
Add-on Mart Apps [“Apps”] that are listed on the marketplace may be of 2 types:
- Add-on Mart Apps developed by PortaOne [“PortaOne App”]
- Add-on Mart Apps developed by a PortaOne app partner (3rd party) [“Partner App”]
The author of each Add-on Mart App listed on the marketplace will clearly be shown.
PortaOne Add-on Mart PortaCare
Subject to the PortaCare Conditions and PortaCare Exclusions, and subject to compliance by the Customer with the PortaCare Customer Obligations, PortaOne shall use its commercially reasonable efforts (except where indicated otherwise) to provide the following technical support services to the Customer:
- priority-based email support 24 hours a day, 365 days a year according to the PortaCare Service Levels;
- troubleshoot issues related to the Add-on Mart Marketplace, such as but not limited to: access & login issues
- updating Add-on Mart customer profile and payment information issues
- activating & deactivating of Add-on Mart Apps
- troubleshoot issues related to PortaOne Apps
- investigation, verification, and correction of reported bugs via:
- Add-on MartMarketplace update (update to the signup and self-care portals)
- Add-on Mart App update
PortaCare Conditions
During the PortaCare Subscription Period, the obligation of PortaOne to provide PortaCare to the Customer shall be subject to the following conditions:
- PortaOne shall not be obligated to provide PortaCare for an App or service in the case that it has not been operated by the Customer in accordance with the instructions and specifications set forth in the technical documentation.
- PortaOne shall not be obligated to provide PortaCare in the case that any amounts due and owing to PortaOne under this agreement have not been paid by the Customer.
PortaCare Exclusions
Notwithstanding anything to the contrary herein, the following shall not be included in PortaCare and PortaOne shall not be obligated to provide the following Services:
- maintenance or support for Partner Apps developed by PortaOne App partners;
- repair or replacement, including issuance and installation of maintenance releases, required as a result of causes other than installation and operation of the Service in compliance with this agreement, which causes include, without limitation:
- accident, fault, or negligence of the Customer;
- operator error or improper use or misuse of the Service;
- causes external to the Service such as, but not limited to, failure of electrical systems, failure of or damage to the Service, viruses, trojans, malware, denial of service attacks, or sabotage; and
- maintenance or support required as a result of the Customer ‘s noncompliance with any term of this agreement.
PortaCare Service Levels
PortaOne shall provide priority-based email support according to the following PortaCare service levels:
| Priority Level | Priority Condition | Response time |
| Critical | The Service down or its operation is critically impacted, and/or the Customer’s business operations are critically impacted as the result of the Service. | Up to 1 hour |
| Severe | The operation of the Service is severely impacted or the Customer’s business operations are severely impacted as the result of the Service. | Up to 2 hours |
| Low | The operation of the Service is impaired, but the Service is still generally functional. | Up to 8 hours |
| Non Impacting | The Customer requests configuration, scheduled assistance, or performance optimization of the Service | Up to 48 hours |
The obligations of PortaOne under PortaCare shall be subject to the Customer designating no more than five (5) Customer users as being primarily responsible for requesting PortaCare from PortaOne on behalf of the Customer. The Customer shall provide a list of those Customer users, including their names, emails, and phone numbers, to PortaOne.
PortaOne shall not be obligated to respond to support requests made by Customer users other than the authorized Customer users provided for herein; and notwithstanding anything to the contrary herein, the Customer’s obligations under these PortaCare terms shall be in addition to and not in lieu of the Customer’s covenants, representations, and warranties under this agreement.
