The below Service Level Availability commitment applies only to customers with an existing New Relic agreement in place that explicitly references this Service Level Availability commitment applying to the Service purchased in an Order. Capitalized terms not defined below shall take on the meaning set forth in such New Relic agreement.
New Relic Service Level Availability
The Service will be considered available so long as Customer is able to log in to its interface and view Customer Data ("Service Availability"). The applicable Service Availability will be calculated as a percentage of: (1) the total number of minutes in a month after (2) subtracting any periods of unavailability during such month from the total number of minutes in a month. New Relic will use commercially reasonable efforts to maintain Service Availability of at least 99.8% during any calendar month.
In the event the Service Availability drops below: (i) 98.5% for two consecutive calendar months during the Subscription Term, or (ii) 96.5% in any single calendar month, Customer may request to terminate the relevant Service with no penalty. Such termination will be effective as of the end of the then-current billing period and no additional fees will be charged.
The service level within New Relic's control is the Service Availability, not, for example, the transmission of data over the public Internet. Service Availability calculations will exclude unavailability arising from any: (a) planned maintenance periods; (b) emergency maintenance that is necessary to prevent imminent harm to the Service; (c) force majeure events; (d) Third-Party Services, Customer application, equipment, software or other technology, or Customer or its User's use of the Service in violation of the Agreement or not in accordance with the Documentation; or (e) suspension, limitation, and/or termination of Customer’s access or use of the Service in accordance with this Agreement.
This describes Customer’s sole and exclusive remedy for failures of Service Availability. Customer may request the Service Availability attainment for the previous month by filing a support ticket on the New Relic support site.