Common use of SaaS Exclusions Clause in Contracts

SaaS Exclusions. AvePoint shall use commercially reasonable efforts to make the SaaS Solutions available at the gateway between the public internet and the network of the Cloud Services Provider, except for: (i) scheduled Downtime (of which AvePoint shall, to the extent practicable, schedule so as not to adversely affect Customer's business); and (ii) as set forth in the Agreement. AvePoint shall use reasonable efforts to give ten (10) days’ notice of any service maintenance to the infrastructure network, hardware, or software used by AvePoint if AvePoint, in its reasonable judgment, believes that such maintenance will impact Customer’s use of its production instances. Notwithstanding the foregoing, no notice may be provided if AvePoint, in its sole and reasonable discretion, determines that maintenance is needed to secure the availability, security, stability, or performance of the SaaS Solution. Uptime and Downtime, and any additional performance targets, shall not apply to the extent performance or availability issues result from scheduled Downtime or are directly or indirectly due to factors beyond AvePoint’s reasonable control, including but not limited to those that are (i) caused by a fault, failure, or availability of the internet or any public telecommunications network; (ii) caused by a fault, failure, or availability problems of the Cloud Storage Provider; (iii) caused by a fault, failure, or availability problems of any cloud-based services registered by Customer in the SaaS Solution; (iv) caused by Customer’s hardware or software; (v) caused by the actions or inactions of Customer; (vi) caused by Customer’s use of the SaaS Solution other than in accordance with the Agreement; or (vii) attributable to the acts or omissions of Customer or Customer’s Authorized Users, or anyone gaining access to the SaaS Solution by means of Customer’s Accounts, passwords, or equipment.

SaaS Exclusions. AvePoint shall use commercially reasonable efforts to make the SaaS Solutions available at the gateway between the public internet and the network of the Cloud Services Provider, except for: (i) scheduled Downtime Down- time (of which AvePoint shall, to the extent practicable, schedule so as not to adversely affect Customer's business); and (ii) as set forth in the Agreement. AvePoint shall use reasonable rea- sonable efforts to give ten (10) days’ notice of any service maintenance to the infrastructure network, hardware, or software used by AvePoint if AvePoint, in its reasonable judgment, believes that such maintenance will impact CustomerCus- tomer’s use of its production instances. Notwithstanding the foregoing, no notice may be provided if AvePoint, in its sole and reasonable discretion, determines that maintenance is needed to secure the availability, security, stability, or performance per- formance of the SaaS Solution. Uptime and Downtime, and any additional performance targets, shall not apply to the extent performance or availability issues result from scheduled sched- uled Downtime or are directly or indirectly due to factors beyond be- yond AvePoint’s reasonable control, including but not limited lim- ited to those that are (i) caused by a fault, failure, or availability of the internet or any public telecommunications network; (ii) caused by a fault, failure, or availability problems of the Cloud Storage Provider; (iii) caused by a fault, failure, or availability problems of any cloud-based services registered regis- tered by Customer in the SaaS Solution; (iv) caused by CustomerCus- tomer’s hardware or software; (v) caused by the actions or inactions of Customer; (vi) caused by Customer’s use of the SaaS Solution other than in accordance with the Agreement; or (vii) attributable to the acts or omissions of Customer or Customer’s Authorized Authorised Users, or anyone gaining access to the SaaS Solution by means of Customer’s Accounts, passwordspass- words, or equipment.