Service Availability Commitment. It is Gogo’s responsibility to ensure that the service, the network and the systems are up and available as set out in this document. [***]
Service Availability Commitment eLabNext commits to a Service Availability on its Cloud and Private Cloud installations of 99.5% during each calendar month. In case You purchased a High Availability (HA) Private Cloud installation, eLabNext commits to a 99,9% availability during each calendar month. Service Availability excludes downtime during Scheduled Maintenance. Should eLabNext fail to meet the Service Availability commitment in any calendar month, and the Customer experiences a negative impact due to unsuccessful authorized attempts to access the Service as a result of Unplanned Downtime, eLabNext will offer a service credit as the sole and exclusive remedy. This credit, as specified in the table below, will be calculated based on the monthly fee charged for the use of the Service, in accordance with the specified terms: Service Availability <99.5% and >= 99.3% <99.3% and >= 99.0% < 99.0% Service Availability HA <99.9% and >= 99.7% <99.7% and >= 99.5% <99.5% Service Credit 10% 15% 20% eLabNext measures the Service Availability as follows: Time in measument period (minutes) − Unplanned Downtime in measurement period (minutes) Time in measument period (minutes) ∗ 100% To avoid any doubt, the Service Availability over each calendar month is calculated by dividing the difference between the total number of minutes in the monthly measurement period and any Unplanned Downtime by the total number of minutes in the measurement period, and multiplying the result by 100 to reach a percent figure. eLabNext shall calculate any Unplanned Downtime using eLabNext system logs and other records. Unplanned Downtime excludes periods where the Services are unavailable due to suspension or termination of the service, or due to any unavailability or performance issues stemming from the equipment, software, services, or other technology of the Customer and/or third parties, except for third-party equipment or services directly controlled by eLabNext. If your payments are not made on a monthly basis, the Service Credit will be adjusted to reflect the monthly equivalent of your payment. This is calculated by dividing the total amount paid by the number of months in the associated contract period. Service uptime is monitored via third-party services, and server performance metrics like CPU usage, memory, and I/O are tracked through internal tools. Monitoring data is available to customers upon reasonable request, particularly if there's suspicion that service levels haven't been met.
Service Availability Commitment. 1.2.1. If the monthly System Availability for the hosting service falls below 98% and so long as Customer is current in paying all undisputed fees and operating within the scope of use limits set forth in the SOW, Selerant will refund to Customer within thirty (30) days of the end of such month an amount equal to one-twenty-fourth (1/24) of the Subscription Fee.
1.2.2. In the event System Availability falls below 90% for (i) two (2) consecutive calendar months in a rolling twelve (12) month period; or (ii) any three (3), or more, non-consecutive months in any twelve (12) month period, then, notwithstanding anything in the Agreement to the contrary, Customer may terminate the Agreement, the applicable Schedule and/or the affected System components effective upon written notice to Selerant.
Service Availability Commitment. Cisco shall use commercially reasonable efforts to maintain Cisco Cloudlock availability of 99.9% of each calendar month. Availability will be calculated by dividing the total number of minutes of Uptime (defined below) during the applicable calendar month by the total number of minutes in such month, minus minutes of Cisco Cloudlock Outages (defined below) occurring due to scheduled maintenance or attributable to Third Party Actions (defined below), and multiplying that amount by 100. The formula for this calculation is as follows: Availability = (X ÷ Y) x 100 X= Total # of minutes of Uptime during calendar month Y= (Total # of minutes in such calendar month) - (Total # of minutes of Outages from scheduled maintenance and Third Party Actions)
Service Availability Commitment. Global Crossing commits to 100% availability of the CDN Services to deliver content to the Internet. Service Availability for means the ability to redirect and deliver the requested Customer Materials in approved formats (HTTP DOWNLOAD, HTTP PROGRESSIVE DOWNLOAD, WINDOWS MEDIA STREAMING LIVE AND ON-DEMAND, FLASH MEDIA SERVICES LIVE AND ON-DEMAND, QUICKTIME ON-DEMAND STREAMING, REAL ON-DEMAND STREAMING, AND MP3) for delivery to the Internet from a content distribution center. This metric is measured at the content distribution centers. The content distribution centers will be measured for packet loss of the specific servers delivering the Customer Materials. If a specific server or content distribution center experiences sustained packet loss in excess of ten percent (10%) to the Internet over a continuous period of two (2) hours, such period will be considered a period of “Service Interruption”. If Customer’s site experiences unavailability of the CDN Services as a result of a Service Interruption, then Customer will be entitled to a credit based on the length of the outage.
Service Availability Commitment. Gogo shall ensure that the service, network and systems are up and available as set forth in this Exhibit J-2. Service Availability includes the end-to-end network and system(s) that support data communications to and from the Retrofit A/C, which includes, but are not limited to: a) the WAPs on the Retrofit A/C, b) the ATG Solution and ATG4 Solution base-stations, towers and antennas, c) the terrestrial backbone and ground-based infrastructure, and e) Gogo’s NOC, up to the ingress/egress gateway(s) to the Internet. Service Availability does not include the Internet or PSTN.
Service Availability Commitment. Gogo shall ensure that the service, network and systems are up and available as set forth in this Exhibit J-2. Service Availability includes the end-to-end network and system(s) that support data communications to and from the Retrofit A/C, which includes, but are not limited to: a) the WAPs on the Retrofit A/C, b) the ATG Solution and ATG4 Solution base-stations, towers and antennas, c) the terrestrial backbone and ground-based infrastructure, and e) Gogo’s NOC, up to the ingress/egress gateway(s) to the Internet. Service Availability does not include the Internet or PSTN.
a. Service Availability is measured using a hybrid model that consists of a “Fleet Model” and an “Aircraft Model.”
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Service Availability Commitment. If FormRouter reasonably determines that its Server Availability has not achieve a cumulative rate of 99.95%, for any calendar month (based upon an average 30-day month), FormRouter, upon Client's request, will credit the Client’s account for such month the pro-rated charges amounting to 10% of the monthly service fee for that Client account. Or, if FormRouter reasonably determines that its Server Availability has not achieve a cumulative rate of 99.9%, for any calendar month (based upon an average 30-day month), FormRouter, upon Client's request, will credit Client’s account for such month the pro-rated charges amounting to 25% of the monthly service fee for that Client account. Or, if FormRouter reasonably determines that its Server Availability has not achieve a cumulative rate of 99%, for any calendar month (based upon an average 30-day month), FormRouter, upon Client's request, will credit Client’s account for such month the pro-rated charges amounting to 50% of the monthly service fee for that Client account. Server Availability is monitored and determined by FormRouter. Client may contest the published Server Availability metrics by providing written notice of such challenge to FormRouter. Upon receipt of notice, FormRouter will engage a subject matter expert to review the contested Server Availability metrics, and Client may submit additional information relating to the contested Server Availability metrics. Upon conclusion of the review by Form Router, not to exceed thirty (30) days, FormRouter will provide to Client a written report summarizing the review process, the third party results and conclusions. Each party reserves its right reserves its rights under the Agreement with respect to any further dispute regarding the contested Server Availability metrics. Credits will not apply to charges for services other than the hosting services for which such commitment was not met. Client's account shall not be credited more than once per month under this Service Availability Commitment and shall not exceed 50% of the monthly fee for that Service.
Service Availability Commitment. It is Dotsquares’s goal to have the Services available to Customer twenty-four hours a day seven days a week, with the exception of Planned Downtime. Dotsquares will use all commercially reasonable efforts to provide Customer with average annual availability that is equal to or greater than 99.9%. (365 days x 24 hours = 8760 hours x 99.9% = 8751.24 hours of availability.) Dotsquares’s records and data shall be the basis for all service availability calculations and determinations.
Service Availability Commitment. Lifesize will use commercially reasonable efforts to make the Lifesize Cloud service generally available, subject to the Exclusions described below, 99.9% of each calendar month (“Availability Commitment”). Availability is calculated in accordance with the following formula:
