Zoobean Inc. 12/11/2020 - Laserfiche WebLink

User Support Zoobean will use commercially reasonable efforts to provide Secondary Support to the Library. The Library shall be responsible for providing Primary Support to its Users. Zoobean will ensure it has adequate staff and resources to provide Secondary Support by phone or other electronic means during the Library's business hours. Uptime Requirement/Downtime Excluding Scheduled Downtime, Zoobean guarantees a 99.5% uptime. All scheduled maintenance Zoobean performs, including platform maintenance, upgrades, or other servicing of its Digital Content Platform shall be during Off-Peak Hours. Scheduled Downtime will not normally exceed thirty (30) minutes in duration. Zoobean shall provide the Library with forty-eight (48) hours advance notice of any Scheduled Downtime that is expected to last less than four (4) hours. In the event any Scheduled Downtime is expected to last over four(4)hours in duration,say for a major release, Zoobean shall notify Library and its Users at least seventy-two (72) hours in advance of that downtime. Zoobean shall use its best efforts to limit Scheduled Downtime to a maximum of six (6) times within a 90-day period; any Scheduled Downtime that exceeds this maximum limit shall be treated as Unscheduled Downtime. Performance Guarantees If Unscheduled Downtime equals or exceeds four (4) hours in given Calendar Month, Library shall be entitled to a credit from Zoobean in an amount equal to one-twelfth (1/12) of the agreed-upon annual subscription license fee for the then-current subscription year, times the applicable percentage (%) below, which is based upon the total number of hours of Unscheduled Downtime during a Calendar Month. Amount of Unscheduled Downtime in a Calendar Month/Percentage of Credit: 4 to 7 hours- 25% 7.1 hours to 16 hours- 50% 16.1 hours to 24 hours- 75% Over 24 hours- 100% Library may elect for Zoobean to apply the calculated credit to the next invoice issued by Zoobean to Library or for Zoobean to issue payment to Library for the calculated credit,to be paid within thirty(30) days. Should Unscheduled Downtime exceed 168 hours during a 90-day period, said downtime may be considered a Material Default by the Library, and the Library may elect to enforce the termination provisions and remedies provided in the Agreement for Material Default.