Catchpoint Systems shall use commercially reasonable efforts to ensure that the Catchpoint application is available for Customer’s use at least ninety-nine percent (99%) of the time calculated on a calendar monthly basis; It being understood that “down” time shall exclude time required for Catchpoint application maintenance and resulting from technical malfunctions in Customer’s Web site’s systems, or any other circumstances beyond Catchpoint’s reasonable control (including without limitation, Internet delays, network congestion and ISP malfunctions).

Notwithstanding any provision to the contrary set forth in the Terms and Conditions, in the event that the Catchpoint application experiences “down” time in excess of one percent (1%) of the time in any calendar month during the term of this Order Form, then Customer will receive a specified number of Points for its use in an amount equal to ten percent (10%) of the number of Points Customer used in the previous month, such Points credit to be reflected in the next month’s invoice.

The remedy set forth above shall be Customer’s sole remedy for any and all unavailability of the Catchpoint application.


Catchpoint Systemsは、Catchpointのアプリケーションの顧客に利用できるように、暦月毎に最低でも99パーセントの可用性を確保するよう妥当な企業努力を費やします。