MyGov warrants to Customer: (i) that commercially reasonable efforts will be made to maintain the online availability of the Service for a minimum of availability in any given month as provided in the chart below (excluding maintenance windows, force majeure, and outages that result from any Customer or third party technology issues); (ii) the functionality or features of the Service may change but will not materially decrease during any paid term; and (iii) that the Support may change but will not materially degrade during any paid term.
Availability Warranty – 98%
Credit – 3% of monthly fee for each full hour of an outage (beyond the warranty)
* Maximum amount of credit is 100% of the fee for such month
Customer’s exclusive remedy and MyGov’s sole obligation for its failure to meet the warranty in above will be for MyGov to provide a credit for the applicable month as provided in the chart above (if this agreement is not renewed, then a refund), for the month; provided that Customer notifies MyGov of such breach within 30 days of the end of that month.
MyGov disclaims all other warranties, including, without limitation, the implied warranties of merchantability, title and fitness for a particular purpose. While MyGov takes reasonable physical, technical and administrative measures to secure the service, MyGov does not guarantee that the service cannot be compromised. Customer understands that the service may not be error free, and use may be interrupted.