Common use of Access to Service Clause in Contracts

Access to Service. COMPANY shall use all commercially reasonable efforts to make the SERVICE available twenty-four (24) hours a day, seven (7) days a week, except for: (a) planned downtime, which may include but is not limited to software updates and hardware maintenance, or (b) any unavailability caused by circumstances beyond COMPANY’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems (other than those involving COMPANY employees), or Internet Service Provider failures or delays. In the case of planned downtime, COMPANY will strive to provide seven (7) days advance notice and shall schedule to the extent practicable all planned downtime during weekend hours (18:00 MST/MDT Friday to 03:00 MST/MDT Monday). CLIENT access to the SERVICE includes (a) full and unlimited use of Client Content, and (b) all updates, upgrades and enhancements that COMPANY makes publicly available. COMPANY also maintains regular (hourly, daily, weekly) backups that are hosted offsite for up to 30 days. In the event that CLIENT requires an independent backup to restore its own systems, CLIENT may request use of backups for User and administrative data, subject to a fee of $200/hour.

Access to Service. COMPANY shall use all commercially reasonable efforts to make the SERVICE available twenty-four (24) hours a day, seven (7) days a week, except for: (a) planned downtime, which may include but is not limited to software updates and hardware maintenance, or (b) any unavailability caused by circumstances beyond COMPANY’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems (other than those involving COMPANY employees), or Internet Service Provider failures or delays. In the case of planned downtime, COMPANY will strive to provide seven (7) days advance notice and shall schedule to the extent practicable all planned downtime during weekend hours (18:00 MST/MDT Friday to 03:00 MST/MDT Monday). CLIENT access to the SERVICE includes (a) full and unlimited use of Client Content, and (b) all updates, upgrades and enhancements that COMPANY makes publicly available. COMPANY also maintains regular (hourly, daily, weekly) backups that are hosted offsite for up to 30 days. In the event that CLIENT requires an independent backup to restore its own systems, CLIENT may request use of backups for User and administrative data, subject to a fee of $200£150/hour.

Access to Service. COMPANY shall use all commercially reasonable efforts to make the SERVICE available twenty-four (24) hours a day, seven (7) days a week, except for: (a) planned downtime, which may include but is not limited to software updates and hardware maintenance, or (b) any unavailability caused by circumstances beyond COMPANY’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems (other than those involving COMPANY employees), or Internet Service Provider failures or delays. In the case of planned downtime, COMPANY will strive to provide seven (7) days advance notice and shall schedule to the extent practicable all planned downtime during weekend hours (18:00 MST/MDT Friday to 03:00 MST/MDT Monday). CLIENT access to the SERVICE includes (a) full and unlimited use of Client Content, and (b) all updates, upgrades and enhancements that COMPANY makes publicly available. COMPANY also maintains regular (hourly, daily, weekly) backups that are hosted offsite for up to 30 days. In the event that CLIENT requires an independent backup to restore its own systems, CLIENT may request use of backups for User and administrative data, subject to a fee of $A$200/hour.

Access to Service. COMPANY shall use all commercially reasonable efforts to make the SERVICE available twenty-four (24) hours a day, seven (7) days a week, except for: (a) planned downtime, which may include but is not limited to software updates and hardware maintenance, or (b) any unavailability caused by circumstances beyond COMPANY’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems (other than those involving COMPANY employees), or Internet Service Provider failures or delays. In the case of planned downtime, COMPANY will strive to provide seven (7) days advance notice and shall schedule to the extent practicable all planned downtime during weekend hours (18:00 MST/MDT Friday to 03:00 MST/MDT Monday). CLIENT access to the SERVICE includes (a) full and unlimited use of Client Content, and (b) all updates, upgrades and enhancements that COMPANY makes publicly available. COMPANY also maintains regular (hourly, daily, weekly) backups that are hosted offsite for up to 30 days. In the event that CLIENT requires an independent backup to restore its own systems, CLIENT may request use of backups for User and administrative data, subject to a fee of $200100/hour.

Access to Service. COMPANY shall use all commercially reasonable efforts to make the SERVICE available twenty-four (24) hours a day, seven (7) days a week, except for: (a) planned downtime, which may include but is not limited to software updates and hardware maintenance, or (b) any unavailability caused by circumstances beyond COMPANY’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems (other than those involving COMPANY employees), or Internet Service Provider failures or delays. In the case of planned downtime, COMPANY will strive to provide seven (7) days advance notice and shall schedule to the extent practicable all planned downtime during weekend hours (18:00 MST/MDT Friday to 03:00 MST/MDT Monday). CLIENT access to the SERVICE includes (a) full and unlimited use of Client Content, and (b) all updates, upgrades and enhancements that COMPANY makes publicly available. COMPANY also maintains regular (hourly, daily, weekly) backups that are hosted offsite for up to 30 days. In the event that CLIENT requires an independent backup to restore its own systems, CLIENT may request use of backups for User and administrative data, subject to a fee of $€200/hour.

Access to Service. COMPANY shall use all commercially reasonable efforts to make the SERVICE available twenty-four (24) hours a day, seven (7) days a week, except for: (a) planned downtime, which may include but is not limited to software updates and hardware maintenance, or (b) any unavailability caused by circumstances beyond COMPANY’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems (other than those involving COMPANY employees), or Internet Service Provider failures or delays. In the case of planned downtime, COMPANY will strive to provide seven (7) days advance notice and shall schedule to the extent practicable all planned downtime during weekend hours (18:00 MST/MDT Friday to 03:00 MST/MDT Monday). CLIENT access to the SERVICE includes (a) full and unlimited use of Client Content, and (b) all updates, upgrades and enhancements that COMPANY makes publicly available. COMPANY also maintains regular (hourly, daily, weekly) backups that are hosted offsite for up to 30 days. In the event that CLIENT requires an independent backup to restore its own systems, CLIENT may request use of backups for User learner and administrative data, subject to a fee of $200£135.00/hour.