Uptime. (a) The Supplier will use commercially reasonable endeavours to maintain the availability of ProcurePro to the Uptime Percentage. (b) The Supplier is not liable in any way, including for Service Credits, for failure to meet the Uptime Percentage where resolution is delayed due to factors beyond the Supplier’s reasonable control, including but not limited to: (i) a Force Majeure Event; (ii) failure of a Third Party Service or third party supplied telecommunication service; (iii) scheduled or emergency maintenance services; (iv) hardware failure outside the control of the Supplier; (v) software and/or operating system bugs or flaws outside the control of the Supplier; (vi) DNS issues not within the direct control of the Supplier; (vii) network floods, hacks, attacks, viruses, malware from third parties or individuals; (viii) failure or error of any of the Supplier’s monitoring or measurement system outside the control of the Supplier; (ix) a technology issue originating from the acts or omissions of the Customer; or (x) a backbone peering point issue. (c) The payment of Service Credits is the Customer’s sole and exclusive remedy for any failure to reach the Uptime Percentage.
Appears in 4 contracts
Samples: Service Level Agreement, Service Level Agreement, Service Level Agreement
