| Production Applications |
| Availability | Service Level Credit Issued by Ellucian* |
|---|
| 95.00% - 96.99% | 15% of applicable monthly fee |
| 92.00% - 94.99% | 20% of applicable monthly fee |
| <92% | 25% of applicable monthly fee; plus 7% for each additional 3.3% of total downtime in the applicable calendar month, up to a maximum of 100% of the applicable monthly fee |
For the avoidance of doubt, and without limitation, Service Level Credits are subject to the terms and conditions provided for in Section 6 ("Service Level Credit Request, Payment Procedures") of this Schedule B.
4.1 Ellucian will use diligent efforts to announce scheduled maintenance as defined in the Standard Maintenance Matrix outlined Schedule C.
4.2 Ellucian reserves the right to perform emergency maintenance without any prior notification, should it be deemed necessary to protect and maintain the security and integrity of the Applications and/or Cloud Environment.
5.1 Client will not receive any Service Level Credits under this SLA in connection with any failure or deficiency caused by or associated with any of the following:
Outages, delays, or latency elsewhere on the Internet (including but not limited upstream internet service providers (ISPs)) that hinder access to the Applications;
Scheduled maintenance, to the extent provided herein, and emergency maintenance and upgrades;
Domain Name Server (DNS) issues and DNS propagation outside the direct control of Ellucian;
Browser or DNS caching that may make the Production Applications appear inaccessible when others can still access it;
False SLA breaches reported as a result of outages or errors of any Ellucian measurement system;
File transfer, email or webmail delivery and transmission;
Circumstances beyond Ellucian's reasonable control;
Any issues caused by the action of third party software, contractors, or vendors (other than third parties authorized by Ellucian);
Functional Application setup, configuration, or functionality outside the scope of the defined Hosting Services; or