Common use of Support and Service Levels Clause in Contracts

Support and Service Levels. As part of the Services and as specified in the applicable Service Order and the level of support as depicted in “Support and Service Levels” located at xxxxx://xxx.xx00xxx.xxx/downloads, Au10tix shall: (i) provide customer with applicable Au10tix standard support for the Services at no additional charge, and/or upgraded support if purchased, and (ii) use commercially reasonable efforts to make the online Services available 24 hours a day, 7 days a week, except for: (a) scheduled downtime not to exceed 6 hours in any calendar month (of which Au10tix shall give at least 12 hours’ notice) and which Au10tix shall schedule, to the extent reasonably practicable, during non-working hours; and (b) any unavailability caused by circumstances beyond Au10tix's reasonable control, including without limitation, force majeure events, computer, telecommunications, Internet service provider or third party hosting facility failures, delays involving hardware, software or power systems not within Au10tix's possession or reasonable control, and denial of service attacks. Au10tix's sole liability for any breach of this clause 3.3, in Au10tix's reasonable discretion, to restore the access to the Services, provided that if Au10tix is unable to restore access to the Services within 7 days from Customer’s written notice and upon all paying of all outstanding invoices (excluding unavailability under Section 3.3(b)), Customer may terminate this Agreement in accordance with Section12.2.

Support and Service Levels. As part of the Services and as specified in the applicable Service Order and the level of support as depicted in “Support and Service Levels” located at xxxxx://xxx.xx00xxx.xxx/downloadsxxxxx://xxx.xx00xxx.xxx/downloads , Au10tix shall: (i) provide customer with applicable Au10tix standard support for the Services at no additional charge, and/or upgraded support if purchased, and (ii) use commercially reasonable efforts to make the online Services available 24 hours a day, 7 days a week, except for: (a) scheduled downtime not to exceed 6 hours in any calendar month (of which Au10tix shall give at least 12 hours’ notice) and which Au10tix shall schedule, to the extent reasonably practicable, during non-working hours; and (b) any unavailability caused by circumstances beyond Au10tix's reasonable control, including without limitation, force majeure events, computer, telecommunications, Internet service provider or third party hosting facility failures, delays involving hardware, software or power systems not within Au10tix's possession or reasonable control, and denial of service attacks. Au10tix's sole liability for any breach of this clause 3.3warranty shall be, in Au10tix's reasonable discretion, to restore the access to the Services, provided that if Au10tix is unable to restore access to the Services within 7 days from Customer’s written notice and upon all paying of all outstanding invoices (excluding unavailability under Section 3.3(b)), Customer may terminate this Agreement in accordance with Section12.2.