Hosting Services Exclusions. The Service Commitment does not apply to any Unavailability, suspension, or termination of Hosting Services: (i) caused by factors outside of our reasonable control, include any force majeure event or internet access or related problems beyond the demarcation point of the hosting data center; (ii) that result from any actions or inactions of You or a third party, including failure to acknowledge a recovery volume; (iii) that result from Your equipment, software, or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); or (iv) that are due to any Scheduled Downtime (collectively, the “Hosting Services Exclusions”). If availability is impacted by factors others than those used in our System Availability Percentage calculation, then we may issue a service credit considering such factors at our discretion.
Hosting Services Exclusions. The Service Commitment does not apply to any Unavailability, suspension, or termination of Hosting Services: (i) caused by factors outside of our reasonable control, include any force majeure event or internet access or related problems beyond the demarcation point of the hosting data center; (ii) that result from any actions or inactions of You or a third party, including failure to acknowledge a recovery volume; (iii) that result from Your equipment, software, or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); or (iv) that are due to any Scheduled Downtime (collectively, the “Hosting Services Exclusions”). If availability is impacted by factors others than those used in our System Availability Percentage calculation, then we may issue a service credit considering such factors at our discretion. If the contracted service is unavailable for ten or more consecutive days or fifteen or more cumulative days in any month, the customer may terminate the affected service with no penalty and receive a refund of unused, prepaid service fees. ATTACHMENT C Davidson County Department of Social Services SCOPE OF WORK Federal Tax Id. Contract #: L29111_
Hosting Services Exclusions. All service commitments identified above do not apply to any unavailability, suspension or termination of the Hosting Subscription Services caused by any of the following: • Factors outside of the reasonable control of Ibexa, including but not limited to any force majeure event or Internet access or related problems beyond the software and server versions directly maintained by Ibexa or Hosting Subscription Services provider; • Problems resulting from any actions or inactions of the Customer, including errant or problematic application code deployed into an environment; • Issues resulting from the Customer’s equipment, software or other technology and/or third party equipment, software or other technology (other than third-party equipment directly maintained by Ibexa or Hosting Subscription Services provider); • Issues that affect only the development environments; • Issues that result from any Services related to support as provided in this Agreement; • Issues arising from suspension and/or termination of Customer’s right to use the Hosting Subscription Services in accordance with this Agreement. • Customer-caused unavailability such as missing content, errors caused by Customer code or application configuration errors, or usage capacity in excess of the Customer purchased amount. If Service Unavailable status is caused by other factors, Ibexa may on a case-by-case basis in its sole discretion determine that a Service Credit is warranted. The issuance of a Service Credit does not change the liability or warranty provisions of the Ibexa Terms and Conditions. Unavailability of specific features or functions within a live hosted site, while others remain available, will not constitute a Service Unavailable status, so long as the affected features or functions are not determined by Ibexa in its sole discretion to be, in the aggregate, material to the site or the Service as a whole.
