Common use of Service Outages Clause in Contracts

Service Outages. 2.1 For the purposes of these Additional Terms and Conditions solely, and subject to the requirements and limitations set forth in this Section 4.3, a Service Outage(“Service Outage”) is defined as (i) a total loss of the Service within the Allstream data center; (ii) the inability of more than fifty percent (50%) of user seats/stations (IP phones) at one location to register with the call server to place and receive calls. 2.2 A Service Outage shall not include, or be the result of, Service interruption (a) caused by the negligence of Customer or others in the use of Service, (b) due to the failure of power, equipment, systems or connections and/or services not provided by Company, (c) Failure of any equipment or services outside of the Allstream Hospitality Cloud Data Center environment whether provided by the company or not, (d) during any period when the Customer has released the affected Service for rearrangement purposes or for the implementation of a Customer Service Agreement, (e) which continue because of Customer’s failure to authorize replacement of any element of the Service, (f ) due to planned maintenance, (g) Service interruptions outside of identified customer business hours, (h) due to Force Majeure events, (i) resulting in no trouble found or when the fault of the trouble is undetermined, or (j) Customer reports the Service as impaired but declines to release it for testing and/or repair, or (k) due to a failure of the network access connecting the Service location to Company data center. 2.3 A Service Outage commences upon Customer reporting a Service Outage by opening a valid trouble ticket and releasing the affected Service for testing and repair. The controlling record, for the purpose of determining the duration of the Service Outage and calculating credits, shall be the date and time stamp on the trouble reporting ticket as generated by Company’s trouble reporting system. A Service Outage period ends when the Service is operating in accordance with the applicable service level agreement. 2.4 In the event Customer reports a Service Outage but declines to release the affected Service for testing and repair, the Service is not a Service Outage. 2.5 In the event a Company technician is dispatched for a reported event, impairment or other Service disruption and it is subsequently determined that such Service disruption does not constitute a Service Outage, Customer may be subject to Company’s then current maintenance charges.

Service Outages. 2.1 For the purposes of these Additional Terms and Conditions solely, and subject to the requirements and limitations set forth in this Section 4.3, a Service Outage(“Service Outage”) Outage is defined as (i) a total loss of the Service within the Allstream data centerCloud Data Center; (ii) the inability of more than fifty f if ty percent (50%) of user seats/stations (IP phones) IT CloudView Devices at one location to register with the call server cloud to place and receive callsenable service monitoring, data retrieval or configuration changes. 2.2 A Service Outage shall not include, or be the result of, Service interruption (a) caused by the negligence of Customer or others in the use of Service, (b) due to the failure of power, equipment, systems or connections and/or services not provided by CompanyAllstream, (c) due to the failure of power, equipment, systems or connections and/or services provided to a non-business location and/or using a broadband internet service for delivery as the single access method, (d) Failure of any equipment or services outside of outsideof the Allstream Hospitality Cloud ITCloudView Data Center environment whether provided by the company Allstream or not, (de) during any period when the Customer has released the affected Service for rearrangement purposes or for the implementation of a Customer Service Agreement, (ef ) which continue because of Customer’s failure to authorize replacement of any element of the Service, (f g) due to planned maintenance, (gh) Service interruptions outside of identified customer business hours, (hi) due to Force Majeure events, , (ij) resulting in no trouble found or when the fault of the trouble is undetermined, or (jk) Customer reports the Service as impaired but declines to release it for testing and/or repair, or (kl) due to a failure of the network access connecting the Service location to Company cloud data center. 2.3 A Service Outage commences upon Customer reporting a Service Outage by opening a valid trouble ticket and releasing the affected Service for testing and repair. The controlling record, for the purpose of determining the duration of the Service Outage and calculating credits, shall be the date and time stamp on the trouble reporting ticket as generated by CompanyAllstream’s trouble reporting system. A Service Outage period ends when the Service is operating in accordance with the applicable service level agreement. 2.4 In the event Customer reports a Service Outage but declines to release the affected Service for testing and repair, the Service is not a Service Outage. 2.5 In the event a Company an Allstream technician is dispatched for a reported event, impairment or other Service disruption and it is subsequently determined that such Service disruption does not constitute a Service Outage, Customer may be subject to CompanyAllstream’s then current maintenance charges.

Service Outages. 2.1 For the purposes of these Additional Terms and Conditions solely, and subject to the requirements and limitations set forth in this Section 4.3, a Service Outage(“Service Outage”) Outage is defined as (i) a total loss of the Service within the Allstream data centerData Center; (ii) the inability of more than fifty f ifty percent (50%) of user seats/stations (IP phones) at one location to register with the call server to place and receive calls. 2.2 A Service Outage shall not include, or be the result of, Service interruption (a) caused by the negligence of Customer or others in the use of Service, (b) due to the failure of power, equipment, systems or connections and/or services not provided by CompanyAllstream, (c) Failure of any equipment or services outside of the Allstream Hospitality UC Cloud Voice Data Center environment whether provided by the company Allstream or not, (d) during any period when the Customer has released the affected Service for rearrangement purposes or for the implementation of a Customer Service Agreement, (e) which continue because of Customer’s failure to authorize replacement of any element of the Service, (f ) due to planned maintenance, , (g) Service interruptions outside of identified customer business hours, (h) due to Force Majeure events, , (i) resulting in no trouble found or when the fault of the trouble is undetermined, or (j) Customer reports the Service as impaired but declines to release it for testing and/or repair, or (k) due to a failure of the network access connecting the Service location to Company Allstream data center. 2.3 A Service Outage commences upon Customer reporting a Service Outage by opening a valid trouble ticket and releasing the affected Service for testing and repair. The controlling record, for the purpose of determining the duration of the Service Outage and calculating credits, shall be the date and time stamp on the trouble reporting ticket as generated by CompanyAllstream’s trouble reporting system. A Service Outage period ends when the Service is operating in accordance with the applicable service level agreement. 2.4 In the event Customer reports a Service Outage but declines to release the affected Service for testing and repair, the Service is not a Service Outage. 2.5 In the event a Company an Allstream technician is dispatched for a reported event, impairment or other Service disruption and it is subsequently determined that such Service disruption does not constitute a Service Outage, Customer may be subject to CompanyAllstream’s then current maintenance charges.