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3.4. Remedy for Failure. If (1) hour after being notified of any failure of service guarantee <br />Listed in section 3.3, micro Integration fails to remedy such failure, microlntegration will credit <br />Customer's account 50% pro-rata charges for such services. If the failure continues for two (2) <br />continuous hours, micro Integration will credit Customer's account 100% pro-rata charges for <br />such services provided that all such credits will not exceed an aggregate maximum credit of <br />Cloud service charges otherwise due from Customer for one (1) calendar month for failures in <br />any one (1) calendar month. All credits provided for under this Service Level Agreement are <br />calculated by reference to the monthly recurring charge of the affected Managed Cloud Server <br />or Managed Private Storage volume. Any other fees, including, but not limited to, non- <br />recurring charges, local access circuits, space rental fees, managed services, incremental <br />bandwidth usage, electricity, and hourly support charges, are excluded in the calculation of <br />applicable credits. <br />3.5. Customer Credit Request. Customer must notify micro Integration within five (5) business <br />days from the time Customer becomes eligible to receive a credit under this Service Level <br />Guarantee to receive such credit. Failure to comply with this requirement will forfeit <br />Customer's right to receive a credit. Credits are calculated after deduction of all discounts <br />and other special pricing arrangements, and are not applied to governmental fees, taxes, <br />surcharges, and similar additional charges. <br />3.6. Limitation on Remedies. If Customer is entitled to multiple credits under this Service <br />Level Agreement, such credits shall not be cumulative beyond a total of credits for one (1) <br />calendar month in any one (1) calendar month in any event. micro Integration's suspension or <br />modification of service in accordance with the terms of this Agreement shall not be deemed to <br />be a failure of microlntegration to provide adequate service levels under this Agreement. In no <br />event shall Customer be entitled to any credit on its charges to the extent that the Downtime <br />is caused by Customer attempting to exceed the maximum rated capacity of the provisioned <br />MCS and MPS solutions. <br />3.7. Exclusions. Customer shall not receive any credits under these Service Level Agreements <br />in connection with any failure or deficiency caused by or associated with any of the following: <br />• Circumstances beyond micro Integration's reasonable control, defined as Force Majeure <br />in the Agreement. <br />• Failure of local access circuits to the micro Integration Network, unless such failure is <br />caused solely by micro Integration. <br />• False SLA breaches reported as a result of outages or errors of any SLA measurement <br />system. <br />• Acts or omissions by Customer, Customer's agents, Customer's contractors, or <br />Customer's vendors, including but not limited to negligence, willful misconduct, breach <br />of microlntegration's Acceptable Use Guidelines or Anti-SPAM Policy, failure to provide <br />micro Integration or its agents adequate access to the facilities, or otherwise causing <br />microlntegration to be unable to meet any of the criteria set out in this SLA. <br />• Scheduled maintenances, emergency maintenances, or necessary network upgrades. <br />• Disconnection by micro Integration for non-payment or other Customer default or <br />breach under the terms of this Agreement. <br />Page 4 of 5 <br />