Service Availability Policy
This Service Availability Policy describes MiseCentral LLC's ("MiseCentral," "we," "us," or "our") availability commitments and measurement practices for the Services. This policy supplements the SLA incorporated into the Agreement. If an Order Form or SLA specifies different terms, those terms control for the applicable Customer.
1. Availability Commitment
1.1. MiseCentral targets monthly Availability of 99.9% for the core hosted Services used by Authorized Users to access production operational workflows, measured as described in Section 3.
1.2. Availability commitments apply during each calendar month of the Subscription Term.
2. Definitions
2.1. Availability means the percentage of total minutes in a calendar month during which the core Services are operational and accessible to Authorized Users, excluding Excused Downtime.
2.2. Downtime means a period when the core Services are materially unavailable to substantially all Authorized Users of a production environment, as confirmed by MiseCentral's monitoring and incident records.
2.3. Excused Downtime means unavailability resulting from:
(a) scheduled maintenance conducted in accordance with the Maintenance Policy; (b) emergency maintenance as described in the Maintenance Policy; (c) factors outside MiseCentral's reasonable control, including force majeure events, general internet failures, or cloud provider failures not caused by MiseCentral's negligence; (d) Customer's or a third party's equipment, software, networks, or configurations outside MiseCentral's control; (e) Customer's misuse, unauthorized modifications, or violation of the Agreement; (f) features labeled beta, preview, or experimental unless expressly included in an Order Form; (g) Connected Services, Connected Devices, or Customer integrations not provided by MiseCentral; or (h) suspension permitted under the Agreement.
2.4. Core Services means production access to authenticated web and supported mobile application interfaces for operational workflows, excluding ancillary features separately identified as non-production or preview.
3. Measurement
3.1. Availability is calculated as:
Availability = ((Total Minutes in Month − Downtime Minutes) / Total Minutes in Month) × 100
3.2. Downtime minutes are measured from MiseCentral's detection or Customer report accepted as a qualifying outage until restoration of core functionality.
3.3. Partial degradation affecting isolated features without blocking core workflow access may not constitute Downtime unless sustained and material as determined by MiseCentral in good faith.
4. Service Credits
4.1. If monthly Availability falls below 99.9%, Customer may request service credits as the sole and exclusive remedy for Availability failure, subject to the SLA and this Section 4.
4.2. Credit Schedule (Standard):
4.3. Customer must request credits within thirty (30) days after the end of the affected month with reasonable supporting information. Credits apply to future invoices and are not refundable cash unless required by law or stated in an Order Form.
4.4. Maximum credits in any single month are fifty percent (50%) of the monthly Subscription Fee for the affected Service unless an enterprise Order Form states otherwise.
5. Chronic Failure Termination
5.1. If Availability falls below 95.0% in three (3) separate months within any rolling twelve (12) month period, Customer may terminate the affected Subscription upon thirty (30) days' written notice without early termination penalty for the terminated portion, in addition to any earned service credits.
5.2. Upon such termination, MiseCentral will refund prepaid unused Subscription fees for the terminated portion of the current Subscription Term after applying any earned service credits.
5.3. Termination under this Section 5 is Customer's exclusive termination remedy for availability failures, except for other termination rights in the Agreement unrelated to availability.
6. Status Communications
6.1. MiseCentral publishes Service status and incident updates through a status page and may notify Customer administrators by email for material outages.
6.2. Incident communication practices align with the Incident Response Policy.
7. Customer Responsibilities
7.1. Customer should report suspected outages promptly through support channels to facilitate measurement and response.
7.2. Customer is responsible for local network connectivity, device compatibility, and integration configurations affecting access.
7.3. Customer remains responsible for hospitality operations during outages, including food-safety and quality controls that cannot rely solely on the Services.
8. Relationship to Other Policies
8.1. Disaster recovery and business continuity practices are described in the Disaster Recovery Statement and Business Continuity Policy. Recovery after major disasters may exceed normal incident timelines while remaining subject to chronic failure rights where applicable.
8.2. Support response targets are described in the Support Policy and are separate from Availability commitments.
9. Contact
MiseCentral LLC Attn: Legal 8 The Green, Suite A Dover, DE 19901 United States legal@misecentral.com
Service credit requests: submitted through Customer's account representative or legal@misecentral.com with subject line "Service Credit Request"
Version history
| Version | Effective | Summary |
|---|---|---|
| 1.0 | August 1, 2026 | Initial publication of the Legal Library (LEGAL-01). |
Previous versions remain available for reference and are never overwritten.