Exclusions from Application Availability Clause Samples
The "Exclusions from Application Availability" clause defines specific circumstances or events during which the application's uptime or accessibility commitments do not apply. Typically, this clause outlines exceptions such as scheduled maintenance, force majeure events, or issues caused by third-party services beyond the provider's control. By clearly stating these exclusions, the clause protects the service provider from liability for downtime resulting from factors outside their reasonable control, ensuring that service level agreements remain fair and realistic.
Exclusions from Application Availability. The availability of the Application and Wazuh’s obligations with respect to the other service measures set forth herein may be subject to limitations, delays, and other problems inherent to the general use of the Internet and other public networks or caused by Customer, Users, or third parties. Wazuh is not responsible for any delays or other damage resulting from problems outside of ▇▇▇▇▇’s control; however, Wazuh is responsible for the conduct of its third-party agents and contractors. Without limiting the foregoing, the following are exceptions to Wazuh’s obligations under this SLA:
Exclusions from Application Availability. The availability of the Application and Wazuh’s obligations with respect to the other service measures set forth herein may be subject to limitations, delays, and other problems inherent to the general use of the Internet and other public networks or caused by Customer, Users, or third parties. Wazuh is not responsible for any delays or other damage resulting from problems outside of ▇▇▇▇▇’s control; however, ▇▇▇▇▇ is responsible for the conduct of its third-party agents and contractors. Without limiting the foregoing, the following are exceptions to Wazuh’s obligations under this SLA: ● a failure or malfunction resulting from scripts, data, applications, equipment, or services provided and/or performed by Customer; ● outages initiated by Wazuh or its third-party suppliers at the request or direction of Customer for maintenance, back up, or other purposes; ● outages occurring as a result of any actions or omissions taken by Wazuh or its third-party suppliers at the request or direction of Customer; ● outages resulting from Customer’s equipment and/or third-party equipment not within the sole control of Wazuh or Wazuh’s agents or contractors; ● events resulting from an interruption or shut down of the Application due to circumstances reasonably believed by ▇▇▇▇▇ to be a significant threat to the normal operation of the Application, the facility from which the Application is provided, or access to or integrity of data (e.g., a hacker or a virus aack); ● outages due to system administration, commands, file transfers performed by Customer representatives; ● other activities Customer directs, denial of service aacks, natural disasters, power and other utility outages, internet service outages, changes resulting from government, political, or other regulatory actions or court orders, strikes or labor disputes, acts of civil disobedience, acts of war, or other events caused by circumstances beyond ▇▇▇▇▇’s reasonable control; ● Customer’s negligence or breach of its material obligations under this SLA, the Agreement, or any other agreement between Customer and Wazuh; and ● lack of availability or untimely response time of Customer to respond to incidents that require its participation for source identification and/or resolution.