Common use of Agreement and Amendments Clause in Contracts

Agreement and Amendments. a. By executing an Order Form, you represent that you are 18 years old or older, are authorized to bind any legal entity that you represent, and agree to all of the terms in the Agreement. You may print and keep a copy of the Agreement. b. Tone may reasonably modify or change these Terms of Service, including Exhibit A below, at any time by posting the changes to the Site. Your continued use of the Site or Service following the posting of such changes constitutes acceptance of those changes. Tone will use reasonable commercial efforts to provide notice of material changes to you. EXHIBIT A SERVICE LEVEL AGREEMENT 1. Service Commitment a. Tone will use commercially reasonable efforts to make Tone Service Available with a Monthly Uptime Percentage of at least 99.8%, in each case during a monthly billing cycle (the “SLA Commitment”). In the event Tone does not meet the SLA Commitment, Client will be eligible to receive a Service Credit as described below. b. Tone will use commercially reasonable efforts to minimize the amount of scheduled maintenance downtime for each monthly billing cycle. Tone will be allowed a maximum of 4 hours per month of scheduled maintenance. To be considered scheduled maintenance it must occur between the hours of 11PM and 5AM Pacific Time and at least 24 hours’ notice must be given to Client (or Client must approve emergency maintenance if less than 24 hours’ notice is possible). 2. SLA Definitions