Service Uptime. With the exception of access availability difficulties attributable to:
(i) factors within the exclusive control of Planholder or Plan Member users;
(ii) internet unavailability and other third party telecommunications problems not related to Platform;
(iii) force majeure events; or
(iv) regularly scheduled maintenance of Platform; Broker and Third Party Service Provider(s) performing Administrative Services shall use commercially reasonable efforts to ensure that the Platform and its functionality are available for Planholder and Plan Members access via the World Wide Web portion of the internet 99.0% of the time.
Service Uptime. The Service will be available 24 hours/day, 7 days/week. Scheduled downtime will be communicated to partners with 5 business days notice. Service is guaranteed to be up 99.5% of the time as measured weekly and 99.8% of the time as measured monthly, excluding scheduled downtime. Should LookSmart determine that a reconfiguration of the Service is required, such as major software version changes, changes in hosting facilities or other network reconfiguration; LookSmart will provide Partner with 30-day notice of such change, and will work in good faith to minimize any Service outages.
Service Uptime. ACOM Health makes every reasonable effort to ensure that End User shall have access to the Hosted Server 24 hours a day, seven days a week. Nevertheless, End User acknowledges and agrees that the Hosted Server Service may be temporarily inaccessible from time to time for any number of reasons including, but not limited to, internet or connectivity problems, server and network downtime, or planned maintenance of the Hosted Server.
(c) Internet Access: End User accesses the service via the internet and all internet expenses including the devices necessary to make such internet connection including computer, modem, or other connection enabling devices are the responsibility of the End User.
Service Uptime. 4.1 The GroundCloud Service shall be made available to Customer with a minimum Monthly Uptime Percentage of 99%.
4.2 The Monthly Uptime Percentage shall be calculated as total number of minutes in a month, minus the number of minutes of Downtime suffered in a month, divided by the total number of minutes in a month. “Downtime” shall mean a period of time during which data from GroundCloud Services is inaccessible to Customer, provided that the following shall not be counted as Downtime under this calculation: (i) any period of time of less than five (5) minutes consecutively; (ii) any inaccessibility resulting from: (a) errors or failure within any hardware platform or device being used by Customer to access the GroundCloud Services, including any computer, mobile phone or server of Customer; (b) any failure, error or delay within Customer’s IT infrastructure; (c) any failure or delay within the pubic internet; or (d) any force majeure event; or (iii) any period of scheduled downtime for system maintenance.
Service Uptime. 2.1 GBG shall provide at least a 99.95% average monthly Service Uptime Level as an aggregate of all Services provided to the Client under the Agreement.
2.2 The Service Uptime Level is calculated by measuring the Service availability on a monthly basis (see clause 3 below) from GBG’s or its subcontractors’ servers hosting the respective Service (such GBG subcontractors being referred to as the “GBG Hoster”) to the farthest network egress point to the public internet that is entirely under the direct control of GBG or the GBG Hoster.
2.3 The Service Uptime Level excludes from any measurements (and the following do not constitute Service Downtime for the purpose of calculating the Service Uptime Level):
a) issues with any software and data not forming part of the GBG Service;
b) issues with hardware or networks which are not under the direct control of GBG or the GBG Hoster;
c) planned maintenance in respect of which GBG has provided at least 5 days' advance notice by email or by a notice at xxxx://xxxxxx.xxxxxx.xxx/, and any Emergency Maintenance (other than that referred to in Clause 6.3 below);
d) any Client Causes (including a failure to adhere to implementation guidelines provided by GBG, or issues resulting from account settings which are under the Client’s control);
e) any outages or disruptions caused by the Client or a third party;
f) outages or disruptions attributable in whole or in part to an Event of Force Majeure;
g) services which are notified as being discontinued by GBG (GBG to give at least 90 days' notification of such intended discontinuation); and
h) any suspensions in the Service and/or Premium Support Services due to late payment of invoices.
Service Uptime a. Cloud PBX and voice services will be operational and available to You at least 99% of the time in a 3 (three) calendar month period (“the Service Undertaking”).
b. Should We not meet the Service Undertaking and provided You are not in breach of any obligations in terms of this Agreement, You will be eligible to receive a rebate on Your Service Fees as detailed in table 1 below: (Table 1)
c. To qualify for a rebate, You must request it in writing within 30 (thirty) days of the end of the month in which You believe services did not achieve the required Uptime.
d. The maximum rebate that will be granted to You for Downtime that occurs in a 3 (three) month calendar period will not exceed 50% of Your Service Fees for the month in which the Downtime occurs.
e. Incidents and service requests logged through our helpdesk on xxxxxxx@xxxxxxxx-xxx.xx.xx will be provided with a unique reference number.
f. Please note: Issue related tickets will be assigned to the contact person who logged the call. This contact will receive notification that the ticket has been logged as well as a response around resolution.
g. Euphoria EMP will attempt to Respond, Restore and Resolve the Service as detailed in Table 2 below;
Service Uptime. Managed Services Cloud Management Systems and Gateways will be operational and available with a service uptime SLA of at least 99.99% of the time in any calendar month. (Less than 4.38 minutes unscheduled downtime per month). This specifically excludes any on-premise components. Any maintenance that will impact customer operations will be advertised at least 3 business days in advance of the start of the window. Maintenance will be planned outside core business hours when possible. BullsEye reserves the right to open emergency maintenance windows when needed. Forced majeure and planned network maintenance are excluded from service uptime.
Service Uptime. The Service shall have a minimum of 99.9% Uptime during any calendar month (“Uptime Minimum”), except SnapStream shall have up to 2 days to restore availability after any downtime. “Uptime” means the availability of the Service, excluding lack of availability due to Customer causes, downtime for maintenance, or a force majeure event. In the event that the Service Uptime is less than the Uptime Minimum, and upon notice from Customer, Customer shall as a remedy only be entitled to a pro rata reimbursement for the downtime less than the Uptime Minimum.
Service Uptime. Closerware guarantees that the Service will be available at least 99% of the time in a given month, excluding scheduled maintenance. If Service Downtime should exist due to the failure of Closerware's software or network infrastructure for more than 1% of any given service month, the Customer, upon request in writing, shall be entitled to a credit toward a future purchase equal to the monthly fee that corresponds to the affected product or component. Service uptime includes functioning of all network infrastructure (including routers, switches, cabling, power and HVAC infrastructure including UPSs, PDUs and cabling) and essential software applications. Service Downtime exists when a particular Customer is unable to transmit and receive data to or from Closerware's web-based systems and Customer records such failure in the Closerware trouble ticket system. Service Downtime is measured from the time the trouble ticket is opened by a Customer to the time the server is once again able to transmit and receive data.
Service Uptime. 3.1 (“We”) endeavour to provide at least 99.99% of uptime for power, network and the physical server. In some cases we are not able to provide this due to maintenance windows or unfortunate events outside of our control such as a national power outage, global network or data centre outage, DDoS attack or an ‘act of god / natural disaster’. In some cases we are unable to provide advance notice for maintenance windows due to the severity or critical nature.
3.2 In the event of an outage caused by a maintenance window you will not be able to claim any reimbursement or pro-rata credit.
3.3 In the event of an outage caused by something which is physically outside of our control you will not be able to claim any reimbursement or pro-rata credit.
3.4 In the event of a DDoS attack our sustained outage outside of our control, we will not be held liable for any loss of business or damages.
3.5 If the outage is inside of our control then in any given month, if your service is down for more than 0.1%, you may request a pro-rated credit for the down-time. However we will only honour those requests if the downtime is verifiable as an issue directly related to something within our reasonable control.