If you subscribe to New Relic's usage based pricing plan for Pro or Enterprise editions with "Full Users" or "Full Platform Users", then the service level availability commitments available to you are those set forth (i) in the Terms, or (ii) as set forth on this page. If you subscribe to New Relic's usage-based pricing plan for the Standard edition or without any "Full Users" or "Full Platform Users", any service level availability commitment or related remedies contained in your Terms are vacated and nullified, and New Relic will use commercially reasonable efforts to make the Service available in line with industry standards.
If you subscribe to any other New Relic Products on a product-based pricing basis, any service level availability commitment are contained in (i) your Terms, or (ii) if your Terms explicitly references this Service Level Availability commitment applying to the Service purchased in an Order, this page for the Services you use. Capitalized terms not defined below shall take on the meaning set forth in your Terms.
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.
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