Common use of Service Availability Credit Clause in Contracts

Service Availability Credit. Subject to Your valid submission of a Service Availability Credit request and the other conditions herein, if Service Availability under Your Account for any calendar month is below 99.999%, Intermedia will issue a credit (“Service Availability Credit”) in accordance with the following schedule: 99.0% to 99.999% 3% of monthly fee credited 98.0% to 98.99% 5% of monthly fee credited 95.0% to 97.99% 10% of monthly fee credited 90.0% to 94.9% 25% of monthly fee credited 89.9% or below 2.5% credited for every 1% of lost availability up to the maximum total penalty limit If the subscription period for an affected Service is less than one (1) calendar month, the Service Availability Credit will be adjusted on a pro rata basis. To request a Service Availability Credit, (a) Your Account must be in good standing with Intermedia, (b) You must open a technical support ticket in the administrative control panel reporting an apparent Service interruption within seventy-two (72) hours of the event, and (c) You must send an email or written Service Availability Credit request to the billing department at ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇ in the month immediately following the month for which You are requesting a Service Availability Credit. Service Availability Credit requests must include Your Account name or Account number and the dates and specific times for which You are requesting Service Availability Credits. Intermedia will compare information provided by You to the data referenced in Section 2.2 above. A Service Availability Credit will be issued only if Intermedia confirms from such data that a Service Availability Credit is available. Intermedia will calculate the Service Availability Credit based on the type of particular Service for which Service Availability was below the prescribed level, the fees for the particular Service, and the percentage of overall individual Exchange mailboxes or other units adversely affected. For example, if the Service Availability Credit pertains to the Service Availability of two (2) Exchange mailboxes out of two hundred (200) Exchange mailboxes purchased, the Service Availability Credit would be calculated as one percent (1%) times the monthly fee for the Exchange mailboxes times the percentage of the monthly fee credited.

Service Availability Credit. Subject to Your valid submission of a Service Availability Credit request and the other conditions herein, if Service Availability under Your Account for any calendar month is below 99.999%, Intermedia Company will issue a credit (“Service Availability Credit”) in accordance with the following schedule: 99.0% to 99.999% 3% of monthly fee credited 98.0% to 98.99% 5% of monthly fee credited 95.0% to 97.99% 10% of monthly fee credited 90.0% to 94.9% 25% of monthly fee credited 89.9% or below 2.5% credited for every 1% of lost availability up to the maximum total penalty limit If the subscription period for an affected Service is less than one (1) calendar month, the Service Availability Credit will be adjusted on a pro rata basis. To request a Service Availability Credit, (a) Your Account must be in good standing with IntermediaCompany, (b) You must open a technical support ticket in the administrative control panel reporting an apparent Service interruption within seventy-two (72) hours of the event, and (c) You must send an email or written Service Availability Credit request to the billing department at ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇ in the month immediately following the month for which You are requesting a Service Availability Credit. Service Availability Credit requests must include Your Account name or Account number and the dates and specific times for which You are requesting Service Availability Credits. Intermedia Company will compare information provided by You to the data referenced in Section 2.2 above. A Service Availability Credit will be issued only if Intermedia Company confirms from such data that a Service Availability Credit is available. Intermedia Company will calculate the Service Availability Credit based on the type of particular Service for which Service Availability was below the prescribed level, the fees for the particular Service, and the percentage of overall individual Exchange mailboxes or other units adversely affected. For example, if the Service Availability Credit pertains to the Service Availability of two (2) Exchange mailboxes out of two hundred (200) Exchange mailboxes purchased, the Service Availability Credit would be calculated as one percent (1%) times the monthly fee for the Exchange mailboxes times the percentage of the monthly fee credited.

Service Availability Credit. Subject to Your Customer’s valid submission of a Service Availability Credit credit request and the other conditions herein, if Service Availability under Your Account for any calendar month is falls below 99.999%, Intermedia Windstream will issue a credit (“Service Availability Credit”) in accordance with the following schedule: 99.0% to 99.999% 3% of monthly fee credited the Monthly Recurring Charge 98.0% to 98.99% 5% of monthly fee credited the Monthly Recurring Charge 95.0% to 97.99% 10% of monthly fee credited the Monthly Recurring Charge 90.0% to 94.9% 25% of monthly fee credited the Monthly Recurring Charge 89.9% or below 2.5% credited of the Monthly Recurring Charge for every 1% of lost availability up to the maximum total penalty credit limit If the subscription period for an affected Service is less than one (1) calendar month, the Service Availability Credit will be adjusted on a pro rata basis. To request a Service Availability Credit, Customer must: (a) Your Account must be in good standing with Intermedia, Windstream and current in its obligations; (b) You must open a technical support ticket in the administrative control panel by calling ▇▇▇-▇▇▇-▇▇▇▇ or 800-600-5050 reporting an apparent Service interruption within seventyforty-two eight (7248) hours of the event, event with Windstream’s Enterprise Repair Center; and (c) You must send an email or written Service Availability Credit request to their Business Sales Representative with a description of the billing department at ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇ in requested credit along with the month immediately following Windstream trouble ticket number(s) provided by the month for which You are requesting a Service Availability Credit. Service Availability Credit requests must include Your Account Enterprise Repair Center, Customer name or Account account number and the dates and specific times for which You are requesting periods of loss of Service Availability Creditswithin thirty (30) calendar days of the asserted service outage. Intermedia The Business Sales Representative shall notify Customer when the requested credit has been approved or declined. Windstream will compare information provided by You Customer to the data referenced in Section 2.2 1.2 above. A Service Availability Credit will be issued only if Intermedia Windstream confirms from such data data, and in its sole discretion, that a Service Availability Credit is available. Intermedia due Windstream will calculate the Service Availability Credit based on the type of particular Service for which Service Availability was below the prescribed Service Availability level, the fees monthly recurring charges for the particular Service, and the percentage of overall individual Exchange mailboxes or other units adversely affected. For example, if the Service Availability Credit pertains to the Service Availability of two (2) Exchange mailboxes out of two hundred (200) Exchange mailboxes purchased, the Service Availability Credit would be calculated as one percent (1%) times the monthly fee for the Exchange mailboxes times the percentage of the monthly fee credited.

Service Availability Credit. Subject to Your valid submission of a Service Availability Credit request and the other conditions herein, if Service Availability under Your Account for any calendar month is below 99.999%, Intermedia will issue a credit (“Service Availability Credit”) in accordance with the following schedule: 99.0% to 99.999% 3% of monthly fee credited 98.0% to 98.99% 5% of monthly fee credited 95.0% to 97.99% 10% of monthly fee credited 90.0% to 94.9% 25% of monthly fee credited 89.9% or below 2.5% credited for every 1% of lost availability up to the maximum total penalty limit If the subscription period for an affected Service is less than one (1) calendar month, the Service Availability Credit will be adjusted on a pro rata basis. To request a Service Availability Credit, (a) Your Account must be in good standing with Intermedia, (b) You must open a technical support ticket in the administrative control panel reporting an apparent Service interruption within seventy-two (72) hours of the event, and (c) You must send an email or written Service Availability Credit request to the billing department at ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇ in the month immediately following the month for which You are requesting a Service Availability Credit. Service Availability Credit requests must include Your Account name or Account number and the dates and specific times for which You are requesting Service Availability Credits. Intermedia will compare information provided by You to the data referenced in Section 2.2 above. A Service Availability Credit will be issued only if Intermedia confirms from such data that a Service Availability Credit is available. Intermedia will calculate the Service Availability Credit based on the type of particular Service for which Service Availability was below the prescribed level, the fees for the particular Service, and the percentage of overall individual Exchange mailboxes or other units adversely affected. For example, if the Service Availability Credit pertains to the Service Availability of two (2) Exchange mailboxes out of two hundred (200) Exchange mailboxes purchased, the Service Availability Credit would be calculated as one percent (1%) times the monthly fee for the Exchange mailboxes times the percentage of the monthly fee credited.

Service Availability Credit. Subject to Your your valid submission of a Service Availability Credit request and the other conditions herein, if Service Availability under Your Account for any calendar month is below 99.999%, Intermedia Company will issue a credit (“Service Availability Credit”) in accordance with the following schedule: 99.0% to 99.99999.9% 32% of monthly fee credited 98.0% to 98.99% 5% of monthly fee credited 95.0% to 97.99% 10% of monthly fee credited 90.0% to 94.9% 2520% of monthly fee credited 89.9% or below 2.5% credited for every 1% of lost availability up to the maximum total penalty limit If the subscription period for an affected Service is less than one (1) calendar month, then the Service Availability Credit will be adjusted on a pro rata basis. To request a Service Availability Credit, (a) Your Account must be in good standing with IntermediaCompany, (b) You must open a technical support ticket in the administrative control panel reporting an apparent Service interruption within seventy-two (72) 72 hours of the event, and (c) You must send an email or written Service Availability Credit request to the billing department at ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇ Billing Department in the month immediately following the month for which You are requesting a Service Availability Credit. Service Availability Credit requests must include Your Account name or Account number and the dates and specific times for which You are requesting Service Availability Credits. Intermedia Company will compare information provided by You to the data referenced in Section 2.2 above. A Service Availability Credit will be issued only if Intermedia Company confirms from such data that a Service Availability Credit is available. Intermedia Company will calculate the Service Availability Credit based on the type of particular Service for which Service Availability was below the prescribed level, the fees for the particular Service, Service and the percentage of overall individual Exchange mailboxes or other units adversely affected. For example, if the Service Availability Credit pertains to the Service Availability of two (2) Exchange mailboxes out of two hundred (200) 200 Exchange mailboxes purchased, the Service Availability Credit would be calculated as one percent (1%) times % x the monthly fee for the Exchange mailboxes times x the percentage % of the monthly fee credited.

Service Availability Credit. Subject to Your valid submission of a Service Availability Credit request and the other conditions herein, if Service Availability under Your Account for any calendar month is below 99.999%, Intermedia will issue a credit (“Service Availability Credit”) in accordance with the following schedule: 99.0% to 99.999% 3% of monthly fee credited 98.0% to 98.99% 5% of monthly fee credited 95.0% to 97.99% 10% of monthly fee credited 90.0% to 94.9% 25% of monthly fee credited 89.9% or below 2.5% credited for every 1% of lost availability up to the maximum total penalty limit If the subscription period for an affected Service is less than one (1) calendar month, the Service Availability Credit will be adjusted on a pro rata basis. To request a Service Availability Credit, (a) Your Account must be in good standing with Intermedia, (b) You must open a technical support ticket in the administrative control panel reporting an apparent Service interruption within seventy-two seventy-­two (72) hours of the event, and (c) You must send an email or written Service Availability Credit request to the billing department at ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇ in the month immediately following the month for which You are requesting a Service Availability Credit. Service Availability Credit requests must include Your Account name or Account number and the dates and specific times for which You are requesting Service Availability Credits. Intermedia will compare information provided by You to the data referenced in Section 2.2 above. A Service Availability Credit will be issued only if Intermedia confirms from such data that a Service Availability Credit is available. Intermedia will calculate the Service Availability Credit based on the type of particular Service for which Service Availability was below the prescribed level, the fees for the particular Service, and the percentage of overall individual Exchange mailboxes or other units adversely affected. For example, if the Service Availability Credit pertains to the Service Availability of two (2) Exchange mailboxes out of two hundred (200) Exchange mailboxes purchased, the Service Availability Credit would be calculated as one percent (1%) times the monthly fee for the Exchange mailboxes times the percentage of the monthly fee credited.

Service Availability Credit. Subject to Your valid submission of a Service Availability Credit request and the other conditions herein, if Service Availability under Your Account for any calendar month is below 99.999%, Intermedia Techtivity will issue a credit (“Service Availability Credit”) in accordance with the following schedule: 99.0% to 99.999% 3% of monthly fee credited 98.0% to 98.99% 5% of monthly fee credited 95.0% to 97.99% 10% of monthly fee credited 90.0% to 94.9% 25% of monthly fee credited 89.9% or below 2.5% credited for every 1% of lost availability up to the maximum total penalty limit If the subscription period for an affected Service is less than one (1) calendar month, the Service Availability Credit will be adjusted on a pro rata basis. To request a Service Availability Credit, (a) Your Account must be in good standing with IntermediaTechtivity, (b) You must open a technical support ticket in the administrative control panel reporting an apparent Service interruption within seventy-two (72) hours of the event, and (c) You must send an email or written Service Availability Credit request to the billing department at ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇ in the month immediately following the month for which You are requesting a Service Availability Credit. Service Availability Credit requests must include Your Account name or Account number and the dates and specific times for which You are requesting Service Availability Credits. Intermedia Techtivity will compare information provided by You to the data referenced in Section 2.2 above. A Service Availability Credit will be issued only if Intermedia Techtivity confirms from such data that a Service Availability Credit is available. Intermedia Techtivity will calculate the Service Availability Credit based on the type of particular Service for which Service Availability was below the prescribed level, the fees for the particular Service, and the percentage of overall individual Exchange mailboxes or other units adversely affected. For example, if the Service Availability Credit pertains to the Service Availability of two (2) Exchange mailboxes out of two hundred (200) Exchange mailboxes purchased, the Service Availability Credit would be calculated as one percent (1%) times the monthly fee for the Exchange mailboxes times the percentage of the monthly fee credited.

Service Availability Credit. Subject to Your your valid submission of a Service Availability Credit request and the other conditions herein, if Service Availability under Your an End User Account for any calendar month is below 99.999%, Intermedia will issue a credit (“Service Availability Credit”) in accordance with the following schedule: 99.0% to 99.999% 3% of the End User's monthly fee credited 98.0% to 98.99% 5% of the End User's monthly fee credited 95.0% to 97.99% 10% of the End User's monthly fee credited 90.0% to 94.9% 25% of the End User's monthly fee credited 89.9% or below 2.5% of the End User's monthly fee credited for every 1% of lost availability Service Availability up to the maximum total penalty credit limit set out in section 4.1 If the subscription period for an affected Service is less than one (1) calendar month, then the Service Availability Credit will be adjusted on a pro rata basis. To request a Service Availability Credit, (a) Your the End User Account must be in good standing with Intermedia, (b) You the End User must open have opened a technical support ticket in the administrative control panel reporting an apparent Service interruption within seventy-two (72) 72 hours of the event, and (c) You the End User must send have sent an email or written Service Availability Credit request to the billing department at ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇ Your Billing Department in the month immediately following the month for which You are the End User is requesting a Service Availability CreditCredit and You must, in turn, have forwarded such email or written request to Intermedia within one business day. Service Availability Credit requests must include Your the End User Account name or Account number and the dates and specific times for which You are the End User is requesting Service Availability Credits. Intermedia will compare information provided by You the End User to the data referenced in Section 2.2 above. A Service Availability Credit will be issued only if Intermedia confirms from such data that a Service Availability Credit is available. Intermedia will calculate the Service Availability Credit based on the type of particular Service for which Service Availability was below the prescribed level, the fees for the particular Service, Service and the percentage of overall individual Exchange mailboxes or other units adversely affected. For example, if the Service Availability Credit pertains to the Service Availability of two (2) Exchange mailboxes out of two hundred (200) 200 Exchange mailboxes purchased, the Service Availability Credit would be calculated as one percent (1%) times % x the End User's monthly fee for the Exchange mailboxes times x the percentage % of the End User's monthly fee credited.

Service Availability Credit. Subject to Your your valid submission of a Service Availability Credit request and the other conditions herein, if Service Availability under Your your Account for any calendar month is below 99.99999%, Intermedia Company will issue a credit (“Service Availability Credit”) in accordance with the following schedule: Service Availability Amount of the refund as a percentage ofmonthly fee for affected Service 99.0% to 99.999% 30% of monthly fee credited 98.0% to 98.99% 5% of monthly fee credited 95.0% to 97.99% 10% of monthly fee credited 90.0% to 94.9% 2515% of monthly fee credited 89.9% or below 2.5% credited for every 1% of lost availability up to the maximum total penalty limit limit a.) If the subscription period for an affected Service is less than one (1) calendar month, the Service Availability Credit will be adjusted on a pro rata basis. To request a Service Availability Credit, (a) Your Account your account must be in good standing with IntermediaTAT, Inc., (b) You must open a technical support ticket in the administrative control panel emailing ▇▇▇▇▇▇▇@▇▇▇-▇▇▇.▇▇▇ reporting an apparent Service interruption within seventy-two (72) hours of the event, and (c) You YOU must send an email or written Service Availability Credit request to the billing department at ▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇-▇▇▇.▇▇.▇▇ in the month immediately following the month for which You YOU are requesting a Service Availability Credit. Service Availability Credit requests must include Your your Account name or Account number and the dates and specific times for which You YOU are requesting Service Availability Credits. Intermedia . b.) Company will compare information provided by You YOU to the data referenced in Section 2.2 above. A Service Availability Credit will be issued only if Intermedia Company confirms from such data that a Service Availability Credit is available. Intermedia c.) Company will calculate the Service Availability Credit based on the type of particular Service for which Service Availability was below the prescribed level, the fees for the particular Service, and the percentage of overall individual Exchange mailboxes or other units adversely affected. For example, if the Service Availability Credit pertains to the Service Availability of two (2) Exchange mailboxes out of two hundred (200) Exchange mailboxes purchased, the Service Availability Credit would be calculated as one percent (1%) times the monthly fee for the Exchange mailboxes times the percentage of the monthly fee credited.

Service Availability Credit. Subject to Your valid submission of a Service Availability Credit request and the other conditions herein, if Service Availability under Your Account for any calendar month is below 99.999%, Intermedia Hi-Tex Solutions LLC will issue a credit (“Service Availability Credit”) in accordance with the following schedule: 99.0% to 99.999% 3% of monthly fee credited 98.0% to 98.99% 5% of monthly fee credited 95.0% to 97.99% 10% of monthly fee credited 90.0% to 94.9% 25% of monthly fee credited 89.9% or below 2.5% credited for every 1% of lost availability up to the maximum total penalty limit If the subscription period for an affected Service is less than one (1) calendar month, the Service Availability Credit will be adjusted on a pro rata basis. To request a Service Availability Credit, (a) Your Account must be in good standing with IntermediaHi-Tex Solutions LLC, (b) You must open a technical support ticket in the administrative control panel reporting an apparent Service interruption within seventy-two (72) hours of the event, and (c) You must send an email or written Service Availability Credit request to the billing department at ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇ in the month immediately following the month for which You are requesting a Service Availability Credit. Service Availability Credit requests must include Your Account name or Account number and the dates and specific times for which You are requesting Service Availability Credits. Intermedia Hi-Tex Solutions LLC will compare information provided by You to the data referenced in Section 2.2 above. A Service Availability Credit will be issued only if Intermedia Hi-Tex Solutions LLC confirms from such data that a Service Availability Credit is available. Intermedia Hi-Tex Solutions LLC will calculate the Service Availability Credit based on the type of particular Service for which Service Availability was below the prescribed level, the fees for the particular Service, and the percentage of overall individual Exchange mailboxes or other units adversely affected. For example, if the Service Availability Credit pertains to the Service Availability of two (2) Exchange mailboxes out of two hundred (200) Exchange mailboxes purchased, the Service Availability Credit would be calculated as one percent (1%) times the monthly fee for the Exchange mailboxes times the percentage of the monthly fee credited.

Service Availability Credit. Subject to Your Client valid submission of a Service Availability Credit request and the other conditions herein, if Service Availability under Your Client Account for any calendar month is below 99.999%, Intermedia CODEBLUE TECHNOLOGY will issue a credit (“Service Availability Credit”) in accordance with the following schedule: 99.0% to 99.999% 3% of monthly fee credited 98.0% to 98.99% 5% of monthly fee credited 95.0% to 97.99% 10% of monthly fee credited 90.0% to 94.9% 25% of monthly fee credited 89.9% or below 2.5% credited for every 1% of lost availability up to the maximum total penalty limit If the subscription period for an affected Service is less than one (1) calendar month, then the Service Availability Credit will be adjusted on a pro rata basis. To request a Service Availability Credit, (a) Your Client Account must be in good standing with IntermediaCODEBLUE TECHNOLOGY, (b) You Client must open a technical support ticket in the administrative control panel reporting an apparent Service interruption within seventy-two (72) 72 hours of the event, and (c) You Client must send an email or written Service Availability Credit request to the billing department Billing Department at ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇ CODEBLUE TECHNOLOGY Billing Contact in the month immediately following the month for which You Client are requesting a Service Availability Credit. Service Availability Credit requests must include Your Client Account name or Account number and the dates and specific times for which You Client are requesting Service Availability Credits. Intermedia CODEBLUE TECHNOLOGY will compare information provided by You Client to the data referenced in Section 2.2 above. A Service Availability Credit will be issued only if Intermedia CODEBLUE TECHNOLOGY confirms from such data that a Service Availability Credit is available. Intermedia CODEBLUE TECHNOLOGY will calculate the Service Availability Credit based on the type of particular Service for which Service Availability was below the prescribed level, the fees for the particular Service, Service and the percentage of overall individual Exchange mailboxes or other units adversely affected. For example, if the Service Availability Credit pertains to the Service Availability of two (2) Exchange mailboxes out of two hundred (200) 200 Exchange mailboxes purchased, the Service Availability Credit would be calculated as one percent (1%) times % x the monthly fee for the Exchange mailboxes times x the percentage % of the monthly fee credited.

Service Availability Credit. If Service Availability under Your Account for any monthly billing cycle falls below the level set forth above Section 3, Company will issue a credit (“Service Availability Credit”). The credits will be verified for validity and will be subject to other conditions herein. The Service Availability Credit will be calculated at rates specified within the schedule set forth below. Service Availability Credit Request and Payment Procedures. To request a Service Availability Credit, (a) Your Account must be in good standing with Company, (b) You must open a technical support ticket in the administrative control panel reporting an apparent Cloud Voice Service interruption within seventy-two (72) hours of the event, and (c) You must send an email or written Service Availability Credit request to the billing department in the month immediately following the month for which You are requesting a Service Availability Credit. Service Availability Credit requests must include Your Account name or Account number and the dates and specific times for which You are requesting Service Availability Credits. Company will compare information provided by You to the data referenced in Section 3 above. A Service Availability Credit will be issued only if Company confirms from such data that a Service Availability Credit is available. Company will calculate the Service Availability Credit based on the type of particular Cloud Voice Service for which Service Availability was below the prescribed level, the fees for the particular Cloud Voice Service and the percentage of overall individual Cloud Voice Service affected. Service Availability Credit Calculation; Limits on Service Availability Credit; Sole and Exclusive Remedy. Subject to Your valid submission of a Service Availability Credit request and the other conditions herein, if Service Availability under Your Account for any calendar month is below 99.999%, Intermedia Company will issue a credit (“Service Availability Credit”) in accordance with the following schedule: Service Availability Amount of the credit as a percentage of monthly fee for affected Cloud Voice Service 99.0% to 99.999% 3% of monthly fee credited 98.0% to 98.99% 5% of monthly fee credited 95.0% to 97.99% 10% of monthly fee credited 90.0% to 94.9% 25% of monthly fee credited 89.9% or below 2.5% credited for every 1% of lost availability up to the maximum total penalty limit If limit. Limit may not exceed 50% of the subscription period monthly fees charged for an use of the affected Cloud Voice Service during the month for which the Service Availability Credit is to be issued. The total Service Availability Credit due to You for any Cloud Voice Services affected may not exceed fifty percent (50%) of the monthly fees charged for use of the affected Cloud Voice Service during the month for which the Service Availability Credit is to be issued, unless the amount to be credited is less than one dollar ($1.00), in which case the credit amount will be one dollar ($1.00). Only one (1) Service Availability Credit is available in any given calendar month. Credits are applicable only toward use of the affected Cloud Voice Service and are not convertible into cash or any type of refund. Notwithstanding anything set forth in the MSA or this SLA, the Service Availability Credit described in this Section 4 of this SLA will be adjusted on a pro rata basis. To request a Your sole and exclusive remedy in connection with any loss of Service Availability Credit, (a) Your Account must be as described in good standing with Intermedia, (b) You must open a technical support ticket in the administrative control panel reporting an apparent Service interruption within seventy-two (72) hours such section or breach by Company of the event, and (c) You must send an email or written Service Availability Credit request to the billing department at ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇this SLA.▇▇.▇▇ in the month immediately following the month for which You are requesting a Service Availability Credit. Service Availability Credit requests must include Your Account name or Account number and the dates and specific times for which You are requesting Service Availability Credits. Intermedia will compare information provided by You to the data referenced in Section 2.2 above. A Service Availability Credit will be issued only if Intermedia confirms from such data that a Service Availability Credit is available. Intermedia will calculate the Service Availability Credit based on the type of particular Service for which Service Availability was below the prescribed level, the fees for the particular Service, and the percentage of overall individual Exchange mailboxes or other units adversely affected. For example, if the Service Availability Credit pertains to the Service Availability of two (2) Exchange mailboxes out of two hundred (200) Exchange mailboxes purchased, the Service Availability Credit would be calculated as one percent (1%) times the monthly fee for the Exchange mailboxes times the percentage of the monthly fee credited.

Service Availability Credit. Subject to Your valid submission of a Service Availability Credit request and the other conditions herein, if Service Availability under Your Account for any calendar month is below 99.999%, Intermedia Xband Enterprises will issue a credit (“Service Availability Credit”) in accordance with the following schedule: 99.0% to 99.999% 3% of monthly fee credited 98.0% to 98.99% 5% of monthly fee credited 95.0% to 97.99% 10% of monthly fee credited 90.0% to 94.9% 25% of monthly fee credited 89.9% or below 2.5% credited for every 1% of lost availability up to the maximum total penalty limit If the subscription period for an affected Service is less than one (1) calendar month, the Service Availability Credit will be adjusted on a pro rata basis. 1. To request a Service Availability Credit, (a) Your Account must be in good standing with IntermediaXband Enterprises, (b) You must open a technical support ticket in the administrative control panel reporting an apparent Service interruption within seventy-two seventy‐two (72) hours of the event, and (c) You must send an email or written Service Availability Credit request to the billing department at ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇.▇▇▇ in the month immediately following the month for which You are requesting a Service Availability Credit. Service Availability Credit requests must include Your Account name or Account number and the dates and specific times for which You are requesting Service Availability Credits. 2. Intermedia Xband Enterprises will compare information provided by You to the data referenced in Section 2.2 above. A Service Availability Credit will be issued only if Intermedia Xband Enterprises confirms from such data that a Service Availability Credit is available. 3. Intermedia Xband Enterprises will calculate the Service Availability Credit based on the type of particular Service for which Service Availability was below the prescribed level, the fees for the particular Service, and the percentage of overall individual Exchange mailboxes or other units adversely affected. For example, if the Service Availability Credit pertains to the Service Availability of two (2) Exchange mailboxes out of two hundred (200) Exchange mailboxes purchased, the Service Availability Credit would be calculated as one percent (1%) times the monthly fee for the Exchange mailboxes times the percentage of the monthly fee credited.