サービスレベルスケジュール（“SLA”）

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c.  Exceptions

If the Guru Service is not accessible to customer in any month due to any of the following exceptions, the associated downtime shall not factor into Service Availability (i.e., such downtime will be counted as time during which the Guru Service is available for purposes of this SLA) and, similarly, customer shall not receive any credits under this SLA in connection with any failure or deficiency of Service Availability caused by or associated with these exceptions:

1. Circumstances beyond Guru's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
2. Scheduled maintenance, upgrades and emergency maintenance;
3. any DNS or Domain Registry issues outside the direct control of Guru including DNS and Registry propagation issues and expiration;
4. Customer's acts or omissions (or acts or omissions of others engaged or authorized by customer) in breach of the Terms of Service, including, without limitation, custom scripting or coding against Guru’s API, any negligence, willful misconduct, or use of the customer's account in breach of Guru's Terms of Service and Privacy Policy;
5. Outages elsewhere on the Internet that hinder access to your account. Guru is not responsible for browser, DNS, or other caching that may make your account appear inaccessible when others can still access it. Guru will guarantee only those areas of the Internet considered under the control of Guru: Guru servers' links to the Internet, Guru's routers, and Guru's servers themselves.

d. Credit Request

In order to receive a credit, the customer must make a request for credit by submitting a written request to support@getguru.com. Each request in connection with this SLA must include the dates and times of the unavailability, a description of the perceived problem, and must be received by Guru within ten (10) business days after the unavailability. If the unavailability is confirmed by Guru, credits will be applied within 30 days of Guru's receipt of customer's credit request.

The total amount credited to the customer in a particular month under this SLA shall not exceed the total monthly recurring fee paid by the customer for said month for the affected Services. Credits are exclusive of any applicable taxes charged to the customer or collected by Guru and is the customer's sole and exclusive remedy with respect to any failure or deficiency in the Availability.  EXCEPT FOR THE CREDITS TO WHICH CUSTOMER MAY BE ENTITLED UNDER THIS SLA, GURU SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND IN CONNECTION WITH THE FAILURE TO ACHIEVE ANY SERVICE LEVEL OR ANY OTHER MATTER RELATED TO THIS SLA.