Standard Application Responsibilities Clause Samples

Standard Application Responsibilities. Unless otherwise indicated in Exhibit A, Supplier shall acquire and maintain, at no charge to DMAS, the hardware and software required to host the Application(s). The hardware and software on which the Application(s) is hosted will be maintained in good operating condition, consistent with or exceeding generally accepted industry practices and procedures. Additionally: i. Supplier shall maintain sufficient hardware capacity to satisfy the technical requirements and the bandwidth and required storage capacity indicated in Exhibit A. ii. Supplier shall be responsible for all telecommunication connections from the server hosting the Application to the Internet. iii. Supplier may collect user-specific data only as necessary to provide the Licensed Services ordered by DMAS. No information regarding DMAS or any Application User shall be disclosed, provided, rented or sold to any third party for any reason unless required by law or regulation or by an order of a court of competent jurisdiction. This obligation will extend beyond the Contract Term. iv. The Application will be made available to DMAS and/or designated Application Users, as specified in the Contract documents, twenty-four (24) hours a day, seven (7) days a week (“Uptime”) less Excusable Downtime. For the purposes of this Contract, “Excusable Downtime” is defined as that period of time when the Licensed Services are not available to DMAS or its Application Users due to scheduled network, hardware or service maintenance and/or upgrades. Except in cases of emergency, DMAS shall be provided a two (2) business day advance notification of such maintenance and/or upgrade. In cases of emergency, Supplier will use its best efforts to notify DMAS of a planned Downtime as soon as practicable. Maintenance or upgrades are not to exceed thirty-six (36) hours in duration in a single month and cannot occur Monday through Friday, between the hours of 6:00 a.m. and 8:00 p.m. Eastern Time. v. Excusable Downtime shall not include (a) an electronic hardware failure; (b) a failure in the Supplier’s Application; (c) an electric utility failure at Supplier’s facility where the Application is hosted; or (d) a network failure up to, but not including, the interconnection point of Supplier’s network to the public switched telephone network. vi. Supplier guarantees the Application will be available for use at least ninety-nine percent (99%) of the total time during each month, excluding Excusable Downtime. vii. If non-Excusable...