Service Level Agreement for Custom Plan

3.1.Errors should be reported by Customer to Blocks through any of the support channels listed above. Blocks shall define the severity classification of the reported Error and shall respond to the Error according to the respective Response Time as follows:

3.2.Blocks must be able to reproduce the reported Error in order to attempt to resolve it. Customer shall cooperate and work closely with Blocks to reproduce the Error, including conducting diagnostic or troubleshooting activities as requested and appropriate. Also, subject to Customer's approval on a case-by-case basis, Users may be asked to grant Blocks with access to their Accounts, computers and/or network, for troubleshooting purposes.

4.1.The Core Services shall be available no less than 99.9% of the time, twenty-four (24) hours per day, seven (7) days per week (including holidays), measured on a calendar monthly basis; provided that the calculation of the Monthly Uptime shall not be impacted by the following events, which are not deemed events of Service Unavailability:

4.1.1.Where the Core Services were unavailable due to an incident which was not within the control of Blocks, including unavailability caused by acts of God, acts of government, insurrection, war, riot, global health emergency, disease outbreak, explosion, nuclear incident, fire, flood, earthquake, global pandemic, unavailability of telecommunications and internet service due to general unavailability of telecommunication or internet service provider's systems or other catastrophic event beyond the reasonable control of Blocks.

4.1.2.The Core Services were unavailable due to planned maintenance, provided that Blocks provides Customer at least three (3) days' advance notice (by posting an announcement on Blocks website, via the Services, and/or by sending Customer an email) that the Services shall be unavailable due to maintenance and/or upgrading.

4.1.3.The Core Service were unavailable due to (a) Customer's and/or a third party's software, network, links, products, services, widgets, apps, integrations, hardware or other equipment; (b) Customer's or anyone on its behalf use of the Services in violation or in a manner not authorized in the Agreement; and/or (c) resulting from a Distributed Denial of Service (DDoS) attacks and/or any other unlawful activity.

5.1.Solely to the extent Customer is not in breach of the Agreement, as a remedy for Service Unavailability, subject to the terms of this Section 5, Blocks shall provide a Credit to Customer's Account with the applicable Credit Percentage in accordance with the respective Monthly Uptime Percentage:

5.2.The Credit shall be calculated by multiplying the applicable Credit Percentage by the Fees payable by Customer to Blocks for the Subscription to the respective Services for which the Service Unavailability event relates and for the respective month in which the Service Unavailability has occurred (e.g. 1/12 of the annual fees for annual Subscriptions to the Services).

5.3.Blocks will apply a Credit only against Customer's future payments obligations otherwise due from Customer under the Agreement (whether for the Fees or for any Upgrade). A Credit will not entitle Customer to any monetary refund by Blocks. Credits may not be transferred or applied to any other accounts, products or services.

5.4.To receive a Credit, Customer's Admin shall submit to Blocks a detailed Credit request via support@blocks.diy within ninety (90) days following the Service Unavailability incident. Customer's failure to provide the request within the ninety (90) days period will disqualify Customer from receiving a Credit.

5.5.The aggregated maximum number of Credits to be issued by Blocks to Customer in a single calendar month will not exceed 100% of the fees actually paid to Blocks by Customer for the affected Services for the respective month (e.g. minus other credits or incentives applied to the respective Fees for the respective month).

"Core Services" means the Blocks Platform, as identified in the Terms of Service, and excluding without limitations: (a) the API; (b) add-ons, Customer's applications, widgets and/or Third Party Services integrated or otherwise interfaced with the Core Services, whether developed by Blocks or by a third party; and (c) any products or features identified as trial, pre-release, pilot, alpha, beta or similar;

"Credit(s)" means the service level credit a Customer may receive in the event the Monthly Uptime Percentage falls below 99.9%, which shall be calculated in accordance with the Credit Percentage in the table set forth in Section 5.1;

"Credit Percentage" means the percentage which will be used to calculate the Credit, which is based on the Monthly Uptime Percentage, and is in accordance with the table in Section 5.1;

"Error" means any incorrect functioning of the Services that is reproducible, and which results in the failure of the Services to operate in full compliance with the functionalities set forth in the documentation;

"Monthly Uptime" means the total minutes in a given calendar month minus the Service Unavailability minutes;

"Monthly Uptime Percentage" means the Monthly Uptime divided by the total minutes in a given calendar month;

"Response Time" means the period between the time when the Error was reported in full, and the time when an initial acknowledgement was made by Blocks through its Sites, via the Services and/or by sending Customer an email; and

"Services Unavailability" means the number of minutes in a given calendar month in which the Core Services were not available to Customer, excluding the exclusions set forth in Section 4.1, as measured according to Blocks's monitoring service.