days after the end of such second quarter customer may terminate the Analytics Service and thereupon receive a refund of any amounts paid to Minerva for the Analytics Service allocable to the period after notice of termination. Use of Service Credits. Customers entitled to a Service Credit must request the Service Credit by contacting Minerva support in writing within 15 days after becoming entitled to such Service Credit. Service Credits issued to a customer may only be used by that customer to extend its Analytics Service with Minerva. Service Credits will not be issued in cash. Each customer must use its Service Credits by its next annual renewal following the availability of such Service Credits. Service Credits not so used will be deemed forfeited. Service Failures. A Failure” for a customer any of the following: “Service No reports are available to such customer from the Analytics Service for more than 72 hours; The Analytics Service to capture data for a substantial number of such customer’s subscribers for more than 72 hours; or Minerva fails to update the reports accessible to such customer with such customer’s subscribers’ data within 48 hours of the creation of such data. An means any of the following: Excusing Events. “Excusing (a) The affected customer’s act or omission or an act or omission of a third party for which Minerva is not responsible, including hacking or denial of service attacks; (b) Routine or emergency maintenance of the Analytics Service or any other scheduled downtime agreed to by the affected parties; (c) Defects or problems caused by any hardware, software, database, application or other code or materials not provided by Minerva; or (d) Events of including acts of war, god, earthquake, flood, embargo, riot, sabotage, force majeure, labor dispute (outside of Minerva’s own employees), government acts, or failure of the Internet. Sole Remedy; Amendment. The issuance of Service Credits and termination of the Analytics Service as provided above are Minerva’s sole obligation, and each affected customer’s sole remedy, for any Service Failure or other failure of the Analytics Service. Minerva may amend or terminate this Service Level Agreement as to future periods by posting notice of such changes or termination on this page.
days after the end of such second quarter customer may terminate the Analytics Service and thereupon receive a refund of any amounts paid to Minerva for the Analytics Service allocable to the period after notice of termination. Use of Service Credits. Customers entitled to a Service Credit must request the Service Credit by contacting Minerva support in writing within 15 days after becoming entitled to such Service Credit. Service Credits issued to a customer may only be used by that customer to extend its Analytics Service with Minerva. Service Credits will not be issued in cash. Each customer must use its Service Credits by its next annual renewal following the availability of such Service Credits. Service Credits not so used will be deemed forfeited. Service Failures. A “Service Failure” for a customer any of the following: No reports are available to such customer from the Analytics Service for more than 72 hours; The Analytics Service to capture data for a substantial number of such customer’s subscribers for more than 72 hours; or Minerva fails to update the reports accessible to such customer with such customer’s subscribers’ data within 48 hours of the creation of such data. Excusing Events. An “Excusing means any of the following: (a) The affected customer’s act or omission or an act or omission of a third party for which Minerva is not responsible, including hacking or denial of service attacks; (b) Routine or emergency maintenance of the Analytics Service or any other scheduled downtime agreed to by the affected parties; (c) Defects or problems caused by any hardware, software, database, application or other code or materials not provided by Minerva; or (d) Events of force majeure, including acts of war, god, earthquake, flood, embargo, riot, sabotage, labor dispute (outside of Minerva’s own employees), government acts, or failure of the Internet. Sole Remedy; Amendment. The issuance of Service Credits and termination of the Analytics Service as provided above are Minerva’s sole obligation, and each affected customer’s sole remedy, for any Service Failure or other failure of the Analytics Service. Minerva may amend or terminate this Service Level Agreement as to future periods by posting notice of such changes or termination on this page.
Attachments-for-Minerva-System-Terms-9-17-Final.docx