Epernicus will use commercially reasonable efforts to make the Software Service generally available 99.8% of the calendar month (the “availability target”) twenty-four (24) hours a day, seven (7) days a week, except for: (a) planned downtime (of which Epernicus shall give at least 48 hours notice and which Epernicus shall schedule to the extent reasonably practicable during the weekend hours from 9:00 p.m. ET Friday to 6:00 a.m. ET Monday); or (b) downtime caused by circumstances beyond Epernicus’ reasonable control, including acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems not involving Epernicus employees, computer or telecommunications failures or delays involving hardware or software not within Epernicus’ possession or reasonable control, and network intrusions or denial of service attacks, but only to the extent unavailability results notwithstanding the exercise by Epernicus of reasonable care and due diligence to avoid or mitigate the same in anticipation of or in response to such causes.
In the event that the availability of the Software Service does not meet the availability target, Epernicus will offer the Customer a Service Credit in the amount of one day of service for each percentage point below the availability target, up to a maximum of five days in any given month. In order to receive Service Credit(s), the Customer must notify Epernicus in writing within 14 business days from the date that the Customer becomes eligible for the applicable Service Credit.