Common use of Availability Target (Cloud Hosting Only Clause in Contracts

Availability Target (Cloud Hosting Only. 2.1. If Cloud Hosting is specified in the Fee Schedule or a Statement of Work, we will use our best endeavours to make the relevant Smart-Ui Product Available, as measured over the course of each calendar month during the Subscription Term (each such calendar month, a Service Period), at least 99.00% of the time, excluding only the time the Smart-Ui Product is not Available solely as a result of your breach of this Agreement or a Scheduled Outage or Force Majeure Event (the Availability Target). ‘Available’ means the Smart-Ui Product is available and operable for access by you materially in accordance with the Specifications. ‘Availability’ has a corresponding meaning. ‘Actual Uptime’ means the number of minutes in the Service Period that the Smart-Ui Product is Available. ‘Percentage Uptime’ = [Actual Uptime + Total Minutes in Service Period the Smart-Ui Product is not Available Due to Scheduled Outages or Force Majeure Events or your breach of this Agreement] ÷ Total Minutes in Service Period x 100.

Appears in 2 contracts

Samples: Terms and Conditions, www.smartuigroup.com.au

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Availability Target (Cloud Hosting Only. 2.1. If Cloud Hosting is specified in the Fee Schedule or a Statement of Work, we will use our best endeavours to make the relevant Smart-Ui UI Product Available, as measured over the course of each calendar month during the Subscription Term (each such calendar month, a Service Period), at least 99.00% of the time, excluding only the time the Smart-Ui UI Product is not Available solely as a result of your breach of this Agreement or a Scheduled Outage or Force Majeure Event (the Availability Target). ‘Available’ means the Smart-Ui UI Product is available and operable for access by you materially in accordance with the Specifications. ‘Availability’ has a corresponding meaning. ‘Actual Uptime’ means the number of minutes in the Service Period that the Smart-Ui UI Product is Available. ‘Percentage Uptime’ = [Actual Uptime + Total Minutes in Service Period the Smart-Ui UI Product is not Available Due to Scheduled Outages or Force Majeure Events or your breach of this Agreement] ÷ Total Minutes in Service Period x 100.

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

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