Software Availability. All software will be made available to the Buyer in both a hard coded (firmware EPROM, etc.) and a soft coded copy (diskette, tape, etc.) as deemed necessary by the Buyer for the particular application.
Software Availability. 6.1 Force8 draws the Customer's attention to the fact that restrictions or impairments of the Software may arise that are beyond Force8's control. This includes, in particular, actions by third parties not acting on behalf of Force8, technical conditions of the Internet that cannot be influenced by Force8, and force majeure. The hardware, software, and technical infrastructure used by the customer may also have an influence on Force8's services. Insofar as such circumstances have an influence on the availability or functionality of the services provided by Force8, this has no effect on the contractual compliance of the services provided.
Software Availability. Whilst We intends that the Software should be available 24 hours a day, seven days a week; it is possible that on occasion it may be unavailable to permit maintenance or other development activity to take place (see the Service Level Agreement for more detail). If for any reason we have to interrupt the Software for longer periods than we would normally expect, we will use reasonable endeavors to publish in advance details of such activity on the Website.
Software Availability. CCTA shall not interfere with INTREORG’s administration of the Online Backup Account, and shall not interfere with the availability of the electronic documents stored thereon.
Software Availability. Subject to Performance Exclusions as defined in Section 3.5(b) of this Agreement, Consultant shall assure that Consultant Software is available to City to perform Critical Business Functions* ninety-nine percent of the time during operating business hours, pursuant to the following formula:
Software Availability. Business Hours: 7 a.m. – 5:30 p.m., Monday - Thursday.
Software Availability. Where Software Availability falls below ninety-nine percent (99%) in a given month (e.g., 10,237.5 minutes on average) during operating business hours, a minimum credit of $250 will be provided to City. For each increment of time amounting to over 630 minutes (one day = 60 minutes X 10.5 hours) of unavailable time (e.g., 10,231.65 – 630 = 9,601.65 for second increment), an additional credit of $250 will be provided to the City. It is understood by Parties that $250 is roughly equivalent to the daily value of this Agreement’s price, based on annual maintenance fees and business work days. For example: Year 5 - Maintenance and Support Services Fee: $51,116 Business Days/Week: 4 Weeks/Year: 52 Holidays: 13 (4 X 52) – 13 = 195 Business Days / Year 195 / 12 Months = 16.25 Days / Month $51,116 / 12 = $4,259 / 16.25 Days = $262.14 / Business Day
Software Availability. Each Software Component of the System must be available to users during the entire Business Operations Window. The maximum allowable downtime for any Software Component shall be 10 minutes per day during the Business Operations Window. Service Credits: Should any Software Component not be available for more than 10 minutes per day Contractor will credit State’s account 5% of the Monthly Fee for each day where a Software Component is unavailable for more than 10 minutes per day during the Business Operations Window, up to 100% of the State’s Monthly Fee.
Software Availability. You acknowledge that access to and use of the Software is dependent on the availability and proper functioning of Your SFDC Instance and that Nuvem has no control over your SFDC Instance or the xxxxxxxxxx.xxx service. Nuvem disclaims responsibility and liability for any inability to access or use the Software, or degradation of the performance of the Software, to the extent caused by issues, problems, or malfunctions of, or inaccessibility to, Your SFDC Instance or other third party owned or controlled technology. You are solely responsible for the configuration of Your SDFC Instance and all technology and services necessary to access and use the Internet and Your SFDC Instance.
Software Availability. The Services shall be available 99.9%, measured monthly, excluding holidays and weekends and scheduled maintenance. If Customer requests maintenance during these hours, any uptime or downtime calculation will exclude periods affected by such maintenance. Further, any downtime resulting from outages of third-party connections or utilities or other reasons beyond AuditBoard’s control will also be excluded from any such calculation. Customer's sole and exclusive remedy, and AuditBoard’s entire liability, in connection with Service availability shall be that for each period of downtime lasting longer than one hour, AuditBoard will credit Customer 1/365 of the Annual Fee for the relevant product(s) set forth in the applicable Order; provided that no more than one such credit will accrue per day. Downtime shall begin to accrue as soon as Customer (with notice to AuditBoard) recognizes that downtime is taking place, and continues until the availability of the Service is restored. In order to receive downtime credit, Customer must notify AuditBoard in writing within 24 hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit. Such credits may not be redeemed for cash and shall not be cumulative beyond a total of credits for one (1) week of fees for the applicable product(s) in any one (1) calendar month in any event. AuditBoard’s blocking of data communications or other Service in accordance with its policies shall not be deemed to be a failure of AuditBoard to provide adequate service levels under this Agreement.
