Common use of Access and Availability Clause in Contracts

Access and Availability. Subscriber is responsible for providing all equipment and the connectivity necessary to access and use Cloud Services via the Internet. Subscriber is responsible for arranging for and paying applicable charges to their selected suppliers of telecommunications, including internet connectivity associated with accessing the Cloud Services. Subscriber agrees that from time to time the Cloud Services may be inaccessible or inoperable for various reasons, including without limitation (i) system malfunctions; (ii) periodic maintenance procedures or repairs which Cohesive or its service provider(s) may undertake from time to time; (iii) compatibility issues with Subscriber’s or a third party’s hardware or software; or (iv) causes beyond the control of Cohesive or which are not reasonably foreseeable by Cohesive, including network or device failure, interruption or failure of telecommunication or digital transmission links, hostile network attacks or network congestion or other failures (collectively “Downtime”). Cohesive shall use reasonable efforts to provide advance notice to Subscriber in the event of any scheduled Downtime, and to minimize any disruption of the Cloud Services in connection with Downtime.