Uptime and Maintenance. Famly strives to deliver the most possible uptime. All scheduled maintenance will, as far as possible, be carried out with minimal disruption for The Customer and conducted outside ordinary business hours. To the extent possible, maintenance is conducted during weekends or between 10 PM and 6 AM (“The Maintenance Window”) on working days. The Solution might be unavailable due to maintenance work etc. within the period of The Maintenance Window. For safety reasons or when correcting critical errors, Famly can be forced to close down parts of or the entirety of The Solution beyond The Maintenance Window in order to protect the system, The Solution or The Customer's data from risks. To the extent possible, Famly will notify The Customer by email or inside The Famly Solution of unscheduled actions outside of The Maintenance Window. Famly shall use reasonable endeavours to sustain a continuous operation, including ongoing maintenance of The Solution by correcting errors and dysfunctions, as well as developing the system with expansion of existing functionalities and the development of new functionalities. The correction of significant errors will be initiated within ordinary business hours, while other errors are targeted within a reasonable period of time in relation to the nature of the error and the impact on The Solution and The Customer's use thereof. Relevant surveillance is installed on the system and Famly monitors the system on a regular basis. Famly will act as quickly as possible on any incidents that could affect The Customer's use of the system.
Uptime and Maintenance. Virtua agrees to use commercially reasonable efforts to ensure that the Virtua HIE is available 24 hours a day, 7 days a week, subject to temporary suspensions or periods of unavailability that will occur from time-to-time for maintenance purposes (hereinafter, “Scheduled Downtime”). Virtua will endeavor to provide reasonable advance notice of foreseeable suspensions or interruptions in the availability of the Virtua HIE. With regard to unforeseen or unscheduled unavailability, suspensions or interruptions in the availability of the Virtua HIE (hereinafter, “Unscheduled Downtime”), Virtua agrees to restore its availability for use as soon as reasonably possible. Participant acknowledges and agrees that Virtua shall not be responsible or liable for any instance of Unscheduled Downtime that is the result of an intervening third party or cause (e.g., downed electrical or data lines; a virus originating with Participant; Force Majeure etc.) or which is not within the sole and unfettered control of Virtua.
Uptime and Maintenance. The Solution shall be available 24 hours per day during the term of this Agreement. The Solution shall be fully functional, timely and accessible by Client at least 99.5% of the time or better and Brycer shall use reasonable efforts to provide Client with advance notice of any unscheduled downtime.
