TERMS OF HOSTING SERVICES Sample Clauses

TERMS OF HOSTING SERVICES. 2.1. In consideration of You entering into the applicable Microsoft Agreement as required by Microsoft and the payment of the Charges detailed in Part A Clause 6, We hereby undertake to provide the Hosting Services set out in this Schedule 2 for the Term of the Agreement. 2.2. You acknowledge and agree that the platform which We make available to You in connection with the provision of the Systems is hosted for Us by a third party service provider and that We are not responsible for the act or omissions of that third party service provider and, without prejudice to the generality of the foregoing, We make no representations and provide no warranties as to the availability, functionality or performance of that platform. 2.3. We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities (including the internet) and You acknowledge that the Systems may be subject to limitations, delays and other problems inherent in the use of such communications facilities (for example, that the Systems may not be completely secure). 2.4. You shall ensure that Your network and systems comply with any relevant specifications provided by Us in Our release documentation from time to time and You shall be solely responsible for procuring and maintaining Your network connections and telecommunications links from Your systems to Our systems, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to Your network connections or telecommunications links or caused by the internet. 2.5. You are deemed to enter into this Agreement with full knowledge of Our agreement with the third-party service provider referred to in this Schedule 2. We will make Our agreement with the third-party service provider (subject to the redaction of any commercially confidential provisions) available to You on request or We will direct You to the location of the third-party service provider’s contract terms. In the event of any default or failure by the third party service provider which constitutes a breach of Our agreement with the third party service provider or if the third party service provider suspends the provision of the Hosting Services, We will, at Your request and cost, use Our reasonable endeavours to seek to enforce the terms of Our agreement with the third party service provider and procure the recommencement of the Hosting Services to t...
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Related to TERMS OF HOSTING SERVICES

  • Hosting Services NCR Voyix shall furnish facilities, equipment, computer programs and services, as specified from time to time by NCR Voyix, that NCR Voyix deems necessary for operation and maintenance of the System (collectively, the “Hosting Services”).

  • Attachment A, Scope of Services The scope of services is amended as follows:

  • Service Level Agreement 6.1 NCR Voyix will use commercially reasonable efforts to make the Service available to you at or above the Availability Rate set forth at xxxxx://xxx.xxx.xxx/support/aloha-sla. If NCR Voyix does not meet the Availability Rate, you are entitled to request a service-level credit subject to the terms of this Agreement. This credit is calculated as a percentage of the monthly recurring bill (or monthly pro rata share of billing, if billing does not occur monthly) for the Service for the month in which the Availability Rate was not met. The Availability Rate is determined by: (a) dividing the total number of valid outage minutes in a calendar month by the total number of minutes in that month; (b) subtracting that quotient from 1.00; (c) multiplying that difference by 100; and (d) rounding that result to two decimal places in accordance with standard rounding conventions. The number of outage minutes per day for a given service is determined by the lesser of the number of outage minutes. 6.2 Unavailability due to other conditions or caused by factors outside of NCR Voyix’s reasonable control will not be included in the calculation of the Availability Rate. Further, the following are expressly excluded from the calculation of the Availability Rate: (a) service unavailability affecting services or application program interfaces that are not used by you; (b) cases where fail-over to another data center is available but not utilized; (c) transient time-outs, required re-tries, or slower-than-normal response caused by factors outside of NCR Voyix’s reasonable control; (d) Scheduled Downtime, including maintenance and upgrades; (e) force majeure; (f) transmission or communications outages outside the NCR Voyix- controlled environment; (g) store-level down-time caused by factors outside of NCR Voyix’s reasonable control; (h) outages attributable to services, hardware, or software not provided by NCR Voyix, including, but not limited to, issues resulting from inadequate bandwidth or related to third-party software or services; (i) use of the Service in a manner inconsistent with the documentation for the application program interface or the NCR Voyix Product; (j) your Point of Sale (“POS”) failure or the failure to properly maintain the POS environment, including updating the POS firmware or version of the software running on the POS as recommended by either NCR Voyix, a third-party POS reseller or servicer; and (k) issues related to third party domain name system (“DNS”) errors or failures. 6.3 To obtain a service-level credit, you must submit a claim by contacting NCR Voyix through the website at xxxxx://xxx.xxx.xxx/support/aloha-sla Your failure to provide the claim and other information will disqualify you from receiving a credit. NCR Voyix must receive claims within 60 days from the last day of the impacted month. After that date, claims are considered waived and will be refused. You must be in compliance with the Agreement in order to be eligible for a service-level credit. You may not unilaterally offset for any performance or availability issues any amount owed to NCR Voyix. If multiple Services experience an outage in a given month, the total credit for that month will be the highest credit allowed for any single Service which failed; there is no stacking of credits. 6.4 The remedies set forth in the Section are your sole and exclusive remedies for performance or availability issues affecting the Services, including any failure by NCR Voyix to achieve the Availability Rate.

  • Statement of Work The Statement of Work to which Grantee is bound is incorporated into and made a part of this Grant Agreement for all purposes and included as Attachment A.

  • Implementation Services Vendor shall provide the Implementation Services, if any, described in Exhibit A. The Services Fees for any Implementation Services shall be described in Exhibit A.

  • Support Services Rehabilitation, counselling and EAP’s. Support is strictly non- punitive, and can be accessed at anytime (self-identification of the need for help is strongly encouraged).

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