Common use of Hosted Services Availability Clause in Contracts

Hosted Services Availability. Service Provider will use all reasonable efforts to reach the targeted Availability Rate (calculated as set out below) of 99.8% per calendar quarter for Production environments. The Availability Rate is calculated as a percentage of total hours of availability for such quarter, excluding periods that the Services are unavailable due to Excluded Events. For the purposes of this section “availability” shall mean the ability to access and use the Hosted Services. Ta = Number of hours service is unavailable per calendar quarter during Service Availability Hours Tq = Total number of service hours per calendar quarter during Service Availability Hours Availability Rate [%] = !( − × ' Availability Rate is calculated by taking the sum of the hours of availability during Service Availability Hours (including Out- of-Hours support if applicable) and dividing it by the Total number of Service Availability Hours (including Out-of-Hours support if applicable) for a given period. Periods of less than an hour are expressed as a decimal fraction of an hour. An “Excluded Event ” is one of the following events which results in services being unavailable: (a) network, Internet or telecommunications problems outside of Service Provider’s control; (b) failure of Customer’s hardware and/or software;