Uptime Commitment. CareerAmerica, LLC will use commercially reasonable efforts to ensure that the Ocelot Service is available 24 hours a day, 7 days a week, with a monthly uptime goal of 99%. As used herein, “Ocelot Uptime” is calculated by taking the total number of minutes in a calendar month less the number of minutes of Ocelot Downtime in the calendar month, divided by the total number of minutes in the calendar month. As used herein, “Ocelot Downtime” means if Ocelot Content and player are not being distributed or the Ocelot server is down, provided, however, that the following events will not be included as Ocelot Downtime: (a) causes beyond CareerAmerica LLC's reasonable control, and (b) scheduled maintenance on the Ocelot Service (“Scheduled Maintenance”) up to 8 hours per calendar month (the “Maintenance Limit”); all Scheduled Maintenance shall either be conducted (i) between the hours of 12:00 AM (ET) and 6:00 AM (ET) or (ii) at any time after supplying Client with 3 days advance notice (the “Maintenance Windows”). Any Schedule Maintenance conducted in excess of the Maintenance Limit or outside of the Maintenance Windows shall be included in the calculation of Ocelot Downtime. Client will promptly notify CareerAmerica, LLC of any failure to receive Ocelot Content, whereupon CareerAmerica, LLC will evaluate the report in order to determine whether or not such failure qualifies as Ocelot Downtime.
Uptime Commitment a. Availability. The Service will be made available to Client and its Licensed Users twenty-four hours a day, seven days a week less the period during which the Service are not available due to one or more of the following events (collectively, the “Excusable Downtime”):
(i) Scheduled network, hardware or service maintenance;
(ii) The acts or omissions of Client or Client's employees, agents, contractors, vendors, or anyone gaining access to the Service by means of a User Login;
(iii) A failure of the Internet and/or the public switched telephone network;
(iv) The occurrence of any event that is beyond UA’s reasonable control, or
(v) At Client’s direction, UA restricting Client’s and its Licensed Users access to the Service.
Uptime Commitment. Bazaarvoice will deliver 99.9% uptime of the Bazaarvoice platform (the “Uptime Commitment”). The uptime is calculated as follows: (total minutes in any calendar month – total minutes of unavailability) divided by (the total minutes in same calendar month). Downtime during the weekly maintenance window does not count as a period of unavailability. The weekly maintenance window will not exceed two hours per week and will be scheduled during minimal traffic times.
Uptime Commitment. Bazaarvoice will deliver 99.9% uptime of the Bazaarvoice controlled portions of your website that are end- user facing. The uptime is calculated as follows: (total minutes in any calendar month – total minutes of unavailability) divided by (the total minutes in same calendar month). Downtime during the weekly maintenance window does not count as a period of unavailability. The weekly maintenance window will not exceed two hours per week and will be scheduled during minimal traffic times.
Uptime Commitment. The Uptime Percentage for the Service will be ninety-nine and five-tenths percent (99.5%) (the “Uptime Commitment”). Subject to the exclusions described in below, “Uptime Percentage” is calculated by subtracting from 100% the percentage of 1-minute periods during any annual billing cycle in which Agency’s selected Service(s) are unavailable out of the total number of minutes in that billing cycle. “Unavailable” and “Unavailability” mean that, in any 1-minute period, all connection requests received by Agency failed to process (each a “Failed Connection”); provided, however, that no Failed Connection will be counted as a part of more than one such 1-minute period (i.e. a Failed Connection will not be counted for the period 12:00:00-12:00:59 and the period 12:00:30-12:01:29). The Yearly Uptime Percentage will be measured based on the industry standard monitoring tools.
Uptime Commitment. 6.1 Quadrotech shall use reasonable endeavours to ensure that the Platform is avail- able the majority of the time during each calendar month, subject to Paragraph 8.
Uptime Commitment. Castlight warrants to Customer that each month Uptime shall constitute at least 99.9% of Available Time for the Castlight Service (“Service Level Warranty”). If Castlight breaches the Service Level Warranty (as confirmed by the Monitoring Software), Castlight will issue a credit against the next invoice payable by Customer (and if no further invoices are due, Castlight will pay Customer the amount of the credit within thirty days of the end of this First Addendum). Such credit will be equal to five percent (5%) of Customer’s monthly Service Fee.
Uptime Commitment. Jitterbit will use commercially reasonable efforts to make the Platform hosted by Jitterbit available 99.9% of the time excluding: (1) planned downtime; and (2) unscheduled downtime caused by: (a) circumstances beyond Jitterbit’s reasonable control including force majeure events, issues related to Third Party Applications, Customer Apps, Customer infrastructure, Customer Data or denial of service attacks; (b) circumstances entitling Jitterbit to suspend access to the Platform under Sections 11.2 and 12; and (c) failure to use the Platform in accordance with section 3.2 and 3.4.
Uptime Commitment. 2.1. The Software Services will be operational and available to Client on a twenty-four hours, seven days a week (24x7) with a monthly uptime percentage of at least 99.8
Uptime Commitment. During the Subscription Term, Apollo will make the Service available an average of at least 99.90% of the time, measured on a monthly basis, excluding (a) scheduled downtime, or (b) any unavailability or downtime caused by any circumstance excluded under Section 9 below (“Service Level Commitment”).
