A) Uptime Guarantee: BetaVM offers a Service uptime guarantee to its Customers. In the event of qualifying Service Downtime, Customer’s account will be credited in accordance with BetaVM’s Service Level Agreement, as expressed herein. In the event of a dispute regarding downtime, it is Customer’s duty to demonstrate to BetaVM’s satisfaction, in BetaVM’s sole discretion, that the provisions of this guarantee have been broken. Customer acknowledges and agrees that slow network speed is not equivalent to downtime and is not subject to the BetaVM Service Level Agreement. Customer agrees that the Service Level Agreement does not apply to certain exemptions, as expressed herein.
B) Downtime Credits: You may contact BetaVM and request a credit for “Downtime” in accordance with the following parameters:
Uptime Guarantee is triggered once Customer has experienced at least ten (10) minutes of Service downtime. Only downtime experienced in the continuous period thereafter will become creditable as “Downtime,” as defined and measured in this Agreement;
Once the Uptime Guarantee is triggered, Customer’s Downtime will be measured in weeks, to be rounded up to the nearest whole number.
Customer’s account will be credited for qualifying Downtime, such credit to be put towards the purchase of future BetaVM Services. Credits cannot be redeemed for cash, and are exclusive of any applicable taxes. Service Level Agreement, and any transactions connected therewith, are subject to BetaVM’s Billing & Fees policies.
C) Exemptions: The Downtime Guarantee does not apply to Service interruptions caused by (i) periodic scheduled maintenance or repairs undertaken by BetaVM from time to time; (ii) downtime caused by Customer; (iii) Suspension Termination of your Services due to legal action taken or threatened against you; (v) Suspension or Termination of your account due violations of this Agreement, as determined in BetaVM’s sole discretion, including but not limited to excessive use of system resources, nonpayment or other billing issues, or identification of your content as fraudulent, prohibited, or otherwise in violation of this Agreement; (vi) downtime caused by issues in third party services, and external from BetaVM’s datacenter(s); (vii) denial of service attacks on unprotected services; or (viii) causes beyond the control of BetaVM or that are not reasonably foreseeable.
D) Interruption of Service: Customer hereby acknowledges and agrees that BetaVM will not be liable for any actual or economic damages resulting, directly or indirectly, from temporary delay, outages or interruptions of Service(s). BetaVM is not responsible for any damages, including but not limited to, any loss of revenue due to Service disruptions, data breaches, or data loss. Customer understands that BetaVM cannot be held liable for any damages, to Customers or third parties, resulting from the use of BetaVM’s Services. Each party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein.