Availability Guaranty and response time Sample Clauses

Availability Guaranty and response time. (1) Availability is measured in the form of uptime per product / component; defined as the period when the Authorised Users are able to handle and receive transactions with defined functionality and response time. (2) The Service shall have a minimum of 99.9% uptime 24 hours a day, seven days a week, except for notified periods of updating and maintenance. (3) This uptime guarantee does not include loss of access to the Service caused by circumstances beyond ITSL’s control, or loss of access to the Service that is of little or no significance in the Customer’s day-to-day operation. (4) The uptime guarantee from ITSL is limited to products and software produced by ITSL. For uptime complaints regarding products and software supplied by ITSL partners and other third parties the Customer must contact the relevant supplier. List of ITSL Partners may be accessed on the following URL: ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇/extension-partner-overview. (5) The Customer will be entitled to rebates in case of deviation from uptime With uptime higher than or equal to 98% but lower than 99.7%, the Customer is entitled to a rebate of 3% of the charges for the product in question per month. • With uptime higher than or equal to 97% but lower than 98%, the rebate is 5% of the charges for the product in question per month. • With uptime higher than or equal to 96% but lower than 97%, the rebate is 7% of the charges for the product in question per month. • With uptime higher than or equal to 95% but less than 96%, the rebate is 10% of the charges for the product in question per month. (6) Availability measured below 95% for more than one month in a row, constitutes material breach and the Customer may choose to terminate the Contract with immediate effect and receive a refund proportionate to the charges of the remaining Service Period. (7) Uptime is measured on a monthly basis. The following formulae shall be used to calculate the potential Monthly Service Credit Payment (MSCP). (MSCP = MSP * SCP). Monthly Service Payment (MSP) is calculated as one twelfth of the annual Service Fee payable in accordance with schedule 1 for each Contract Year. Service Credit Percentage (SCP) is defined within each of the Service Level Tables above. (8) ITSLs objective is to achieve a response time of no more than 2 seconds (server side) for a minimum of 99% of queries. (9) The Customer cannot claim compensations or any other remedies from deviation from the uptime and or response time except for the reb...