Availability of the Cloud Services Clause Samples
The 'Availability of the Cloud Services' clause defines the provider's commitment to ensuring that the cloud-based services are accessible and operational for the customer. Typically, this clause outlines the expected uptime percentage, any scheduled maintenance windows, and the procedures for reporting and resolving outages. By setting clear expectations for service reliability, this clause helps manage customer trust and mitigates disputes related to downtime or service interruptions.
Availability of the Cloud Services. During the term of this Agreement, SISW will make the Cloud Services available to Customer, subject to the provisions of this Agreement, the Service Level Agreement, the Support Annex, and the relevant Documentation. SISW will use commercially reasonable efforts to maintain the Cloud Services in a functional state 24 hours per day, 7 days per week, except for planned downtime and any unavailability caused by circumstances beyond SISW’s reasonable control, including without limitation acts of God, events resulting in loss of power or network connectivity at an SISW or Provider site, denial of service attacks, governmental or judicial orders, civil unrest, acts of terrorism, floods, fires, and labor stoppages. Should SISW fail to meet the service level commitments for a Service Offering as set forth in the Service Level Agreement, Customer shall be entitled to claim the remedy described in the Service Level Agreement, which shall be Customer’s sole and exclusive remedy with respect to such failure by SISW to meet its service level commitments.
Availability of the Cloud Services. (Section 2.2 of the Agreement)
A. When the Cloud Services must be accessible for use by the Customer
Availability of the Cloud Services. 6.1 The Cloud Services are designed to be available during Normal Business Hours, subject to any emergency or scheduled maintenance. Scheduled maintenance shall be performed by the Locale Party during the times specified in the Cloud Services Specification. The Locale Party shall use reasonable endeavours to give the Customer advance notice of any emergency maintenance.
6.2 The Locale Party shall not be responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet. The Customer acknowledges that the Cloud Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.3 The SLA shall apply with effect from the Launch Date. The SLA is subject to the exclusions and limitations set out in the relevant Cloud Services Specification, the SLA and this Contract.
6.4 The Locale Party shall use reasonable endeavours to meet the SLA.
6.5 The Locale Party shall, subject always to the terms of this Contract and the Cloud Services Specification, be liable for the service credits specified in the SLA for any failure of the Cloud Services to meet the SLA. Any service credits due to the Customer pursuant to this clause 6.5 shall be automatically credited to the Customer’s account within a reasonable time after receipt from the Customer of a written and valid claim for service credits. The Customer acknowledges and agrees that service credits payable by the Locale Party pursuant to this paragraph 6.5 are its sole and exclusive remedy for the Locale Party's failure to meet the SLA.
6.6 Notwithstanding anything to the contrary in this Contract, or the SLA, the Locale Party is not obliged to pay service credits where the failure to meet the SLA arises in connection with any of the following, or attempts to do any of the following:
6.6.1 denial of services attacks, hacking, malware, viruses; or
6.6.2 errors or issues with the Customer Data, its information technology systems or its acts or omissions (including the acts or omissions of its Authorised Users).
Availability of the Cloud Services. The Supplier shall be responsible for ensuring that the Cloud Services are accessible to the Customer from the time specified in Appendix 4. Such access includes any Additional Services specified in Section 2.3 and that are necessary for the Customer to be able to use the Cloud Services. If the Cloud Services are to be made accessible in stages, for example by certain functionality/modules being made accessible later than others, or if the agreement concerns multiple cloud Services which will be made accessible at different times, this is specified in Appendix 4. The same applies to Additional Services, see paragraph 2 of Section 2.3. See also Section 3.2.2 concerning the Supplier’s service catalogue below. Approval testing is to be performed in accordance with Section 2.4 for each new Cloud Service and/or each time new functionality/modules are made accessible, unless otherwise agreed in Appendix 4.