Our lawyers elaborated on this, below:

The Fluidata network hosting services will be available 100% of the time in any given month, excluding scheduled maintenance (the "Uptime Service Level"). Fluidata will credit to the Subscriber 10% of Subscriber's monthly fee (up to 50% of Subscriber's monthly fee) for each 60 minutes of network downtime in any given month during which Fluidata fails to meet the Uptime Service Level. The Uptime Service Level applies to the functioning of all network infrastructure, including routers, switches and cabling, but does not include services or software running on your server. Network downtime exists when a particular Subscriber is unable to transmit and receive data and records such failure in the Fluidata trouble ticket system. Network downtime is measured from the time the trouble ticket is opened by a Subscriber to the time the server is once again able to transmit and receive data.

Applicability of Uptime Service Level and Credit:

A: Eligibility for any credits is subject to Subscriber's account being held current and having no outstanding balance due. Subscriber's total credit in any contract year shall not exceed 30 days fees for the covered service type. Residual credits may not be carried over to subsequent years.

B: Subscriber must have contracted for the specific service covered under each provision to qualify for any credits against those provisions.

C: At any time Subscriber believes that Fluidata has failed to meet any of the service level commitments set forth above, Subscriber must initiate a trouble ticket with Fluidata within 48 hours after the occurrence of such failure in order to receive the credit owed under this SLA.

Once the trouble ticket has been opened, appropriate Fluidata staff members will investigate the incident reported by the Subscriber. If, in the sole reasonable opinion of Fluidata, the complaint can be verified as one that may be within the scope of coverage of this SLA, Fluidata will provide the appropriate service credit within 30 days of the completion of Fluidata's investigation. If Fluidata is unable to verify the occurrence of the violation, Fluidata will provide the Subscriber with a written description of the results and conclusion of its investigation. Responsibility for commencement of a trouble ticket rests solely with the Subscriber. Any necessary follow-up is the joint responsibility of the Subscriber and appropriate Fluidata personnel. No service credits can be extended unless a trouble ticket has been opened in the Fluidata trouble ticket system. In addition, Subscriber must formally request a credit from the Fluidata sales team if Subscriber believes a credit is due. Under no circumstances shall a monthly credit exceed 50% the total monthly hosting fees, and no more than one violation of a particular commitment will be credited per day. Under no circumstances shall a Subscriber receive a credit for a violation of an SLA commitment if the violation is a consequence of the Subscriber's failure to adhere to the appropriate Fluidata Terms and Conditions and Acceptable Use Policy.

D: Fluidata shall not be liable for any delay or failure in performance of this SLA due to a force majeure event, including war, acts of terrorism, riots, embargoes, strikes, casualties, accidents, fire, earthquake, flood or acts of God, or due to supplier or vendor failure, outage or malfunction of local or longhaul telecommunications services, denial of service attacks, utility outage, or due to any other occurrence beyond Fluidata's direct control.

E: Subscriber's right to the credits described above are Subscriber's sole and exclusive remedy for failure by Fluidata to meet the Uptime Service Level. Except as set out above, Subscribers sole remedy for dissatisfaction with the hosting services is to terminate the use of the hosting services upon written notice to Fluidata, such termination to be effective at the end of the then current billing cycle for Subscriber.