Cloud Services Availability Sample Clauses

Cloud Services Availability. Mirakl agrees to ensure the availability of the Production Environment of the Cloud Services 99.5% of the time, as calculated below (hereinafter the "Service Availability"). Unless otherwise agreed by the Parties, Maintenance Operations shall be carried out between midnight and 9:00am (based on the data center location). Except in the case of an emergency Maintenance Operation, Mirakl shall make its best efforts to notify Customer in writing at least forty-eight (48) hours in advance of an upcoming Maintenance Operation. The Service Availability percentage is calculated as follows: Service Availability percentage = [(Total Number of Minutes in the Month - Maintenance Operations Window - Downtime) / (Total Number of Minutes in the Month - Maintenance Operations Window)] x 100. In the event of a failure by Mirakl to meet the Service Availability, the Parties agree to meet to discuss in good faith the actions to be taken in order to correct the Service Availability problem. Mirakl shall also provide an invoice credit to Customer in accordance with the following table, upon Customer’s written request: - Second consecutive month of Service Availability not being met: ten percent (10%) credit. - Third consecutive month of Service Availability not being met: twenty percent (20%) credit. - Fourth consecutive month of Service Availability not being met: thirty percent (30%) credit. - Fifth consecutive month of Service Availability not being met: forty percent (40%) credit. - Sixth consecutive month or more of Service Availability not being met: fifty percent (50%) credit. The credit is calculated based on the Subscription Fees paid by Customer for the Cloud Services for the month affected by the downtime period and is applied to the next invoice. The issuance of the credit is final and constitutes Customer’s sole and exclusive remedy and Mirakl’s sole liability for any failure by Mirakl to meet the Service Availability.
Sample 1
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Cloud Services Availability. The Cloud Services will be available 99.9% of the time, measured on a calendar-monthly basis, subject to the exclusions noted below. Exclusions The calculation of Uptime specifically excludes any downtime due to the exclusions listed below. Scheduled Maintenance, Repair or Upgrade (“Scheduled Maintenance”): As with all cloud- based services, Scheduled Maintenance will be required from time to time. When such Scheduled Maintenance is required, Catalogic Software, Inc. (“Catalogic”) will notify Customer at least seven (7) days in advance, unless such notice is not possible, in which case, Catalogic will provide as much notice as is commercially and reasonably possible. Unscheduled Maintenance, Repair or Upgrade (“Unscheduled Maintenance”): Unscheduled Maintenance may be required to address issues that are critical for performance of the Cloud Services or otherwise critical for Customer(s). When Unscheduled Maintenance is performed, Catalogic will make commercially reasonable efforts to notify Customer prior to the Unscheduled Maintenance.
Sample 1

Related to Cloud Services Availability

  • Services Availability 13.1 Pentana Solutions must provide the Services between 0900 hours and 1700 hours GMT, Monday to Friday.

  • Services Available To help resolve employment relationship problems, the Ministry of Business, Innovation and Employment provides: An Information Service

  • DNS service availability Refers to the ability of the group of listed-­‐as-­‐authoritative name servers of a particular domain name (e.g., a TLD), to answer DNS queries from DNS probes. For the service to be considered available at a particular moment, at least, two of the delegated name servers registered in the DNS must have successful results from “DNS tests” to each of their public-­‐DNS registered “IP addresses” to which the name server resolves. If 51% or more of the DNS testing probes see the service as unavailable during a given time, the DNS service will be considered unavailable.

  • EPP service availability Refers to the ability of the TLD EPP servers as a group, to respond to commands from the Registry accredited Registrars, who already have credentials to the servers. The response shall include appropriate data from the Registry System. An EPP command with “EPP command RTT” 5 times higher than the corresponding SLR will be considered as unanswered. If 51% or more of the EPP testing probes see the EPP service as unavailable during a given time, the EPP service will be considered unavailable.

  • Service Availability You understand that Service availability is at all times conditioned upon the corresponding operation and availability of the communication systems used in communicating your instructions and requests to the Credit Union. We will not be liable or have any responsibility of any kind for any loss or damage thereby incurred by you in the event of any failure or interruption of such communication systems or services resulting from the act or omission of any third party, or from any other cause not reasonably within the control of the Credit Union.

  • RDDS availability Refers to the ability of all the RDDS services for the TLD, to respond to queries from an Internet user with appropriate data from the relevant Registry System. If 51% or more of the RDDS testing probes see any of the RDDS services as unavailable during a given time, the RDDS will be considered unavailable.

  • System Availability System Availability percentage is calculated as follows:  Total MinutesintheMonth −Downtime   System Availability%age =  Total MinutesintheMonth *100    System Availability SLA (“SLA”) 99.5% System Availability percentage during each Month for productive versions Credit 2% of Monthly Subscription Fees for each 1% below SLA, not to exceed 100% of Monthly Subscription Fees Excluded Downtime Total Minutes in the Month attributable to: (i) a Scheduled Downtime for which a Regular Maintenance Window is described in Section 4 below, or (ii) any other Scheduled Downtime according to Section 4 for which the customer has been notified at least five (5) business days prior to such Scheduled Downtime or (iii) unavailability caused by factors outside of SAP’s reasonable control, such as unpredictable and unforeseeable events that could not have been avoided even if reasonable care had been exercised. Scheduled Downtime Scheduled Downtime for the applicable Cloud Services to which customer has subscribed is set forth in Section 4 below entitled “Maintenance Windows for Cloud Services”.

  • Portion of Products/Services Available If only a portion of Products and/or Services is available for shipment or performance to meet the Delivery Date, Supplier shall promptly notify DXC and proceed unless otherwise directed by DXC. Supplier shall be responsible for any cost increase in the shipment of Products due to its failure to meet the Delivery Date and/or if such method does not comply with DXC’s shipping instructions.

  • General Availability The commitment to availability specified in the letter of appointment shall be subject to mutually acceptable revision. Such revision will occur once per year, or, if mutually agreed between the Employer and the employee, on a more frequent basis. The Employer will issue a revised letter of appointment to reflect approved changes to employee’s general availability.

  • High Availability Registry Operator will conduct its operations using network and geographically diverse, redundant servers (including network-­‐level redundancy, end-­‐node level redundancy and the implementation of a load balancing scheme where applicable) to ensure continued operation in the case of technical failure (widespread or local), or an extraordinary occurrence or circumstance beyond the control of the Registry Operator. Registry Operator’s emergency operations department shall be available at all times to respond to extraordinary occurrences.

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