Socrata Inc 2/8/2019 - Laserfiche WebLink

is in breach of this agreement, or has not pre-paid for subscription fees for the Service in the month in which the failure occurred). Availability SLA Credit 99.9% 3% of monthly fee for each full hour of an outage that adversely impacted Customer's access or use of the Service (beyond the warranty). Maximum amount of the credit is 100% of the prorated subscription fee for such month, or $1,800.00, whichever is less, and the minimum credit cannot be less than $100.00. c. Limited Remedy. Customer's exclusive remedy and Company's sole obligation for its failure to meet the warranty under 3(b) will be for Company to provide a credit for the applicable month,as provided in the chart above(if an order is not renewed then a refund in the amount of the credit owed), for the month; provided that Customer notifies Company of such breach within 30 days of the end of that month. d. Implementation Services Warranty. For Implementation Services, Company warrants that (i) it will conduct pre-employment criminal background and E-verify checks on its personnel performing the Implementation Services, and (ii) for a period of 30 days from delivery, it has performed such services in conformance with generally accepted practices within the software services industry. Customer must notify Company of any breach of the warranty in no later than 30 days after delivery of the services.CUSTOMER'S EXCLUSIVE REMEDY AND COMPANY'S ENTIRE LIABILITY UNDER THE WARRANTY IN (II) WILL BE FOR COMPANY TO RE-PERFORM ANY NON- CONFORMING PORTION OF THE IMPLEMENTATION SERVICES,OR IF COMPANY CANNOT REMEDY THE BREACH THEN REFUND THE PORTION OF THE FEE ATTRIBUTABLE TO SUCH NON- CONFORMING PORTION OF THE SERVICES. THIS WARRANTY WILL NOT APPLY TO THE EXTENT CUSTOMER, ITS CONTRACTORS OR AGENTS HAVE MODIFIED ANY ITEM. e. Disclaimer. COMPANY disclaims all other warranties, including, without limitation, the implied warranties of merchantability, title and fitness for a particular purpose. While COMPANY takes reasonable physical, technical and administrative measures to secure the Service, COMPANY does not guarantee that the Service cannot be compromised. Customer understands that the Service may not be error free, and use may be interrupted. any service offered as a trial service is offered as-is only without any warranty whatsoever. 4. PAYMENT. a.The Initial Term of this Agreement is two (2)years from the first day of the first month following the Effective Date of this Agreement. Subscription Fees will be invoiced to you by Socrata at least 30 days in advance of your regular billing cycle.These Subscription Fees are payable in exchange for your access to the software. If you do not timely pay applicable