Common use of Exceptions to Service Levels Clause in Contracts

Exceptions to Service Levels. The Availability of the Application and DevFactory’s obligations with respect to the other service measures set forth herein may be subject to limitations, delays, and other problems inherent to the general use of the internet and other public networks or caused by the Client, authorized users or third parties. DevFactory is not responsible for any delays or other damage resulting from problems outside of DevFactory’s control. Without limiting the foregoing, the following are exceptions to DevFactory’s obligations under this SLA: (i) a failure or malfunction resulting from scripts, data, applications, equipment, or services provided and/or administered by the Client; (ii) outages initiated by DevFactory or its third party suppliers at the request or direction of the Client for maintenance, back up, or other purposes; (iii) outages occurring as a result of any actions or omissions taken by DevFactory or its third party suppliers at the request or direction of the Client; (iv) outages resulting from the Client’s equipment and/or third party equipment not within the sole control of DevFactory; (v) events resulting from an interruption or shut down of the Application due to circumstances reasonably believed by DevFactory to be a significant threat to the normal operation of the Application, the facility from which the Application is provided, or access to or integrity of data (e.g., a hacker or a virus attack); (vi) outages due to system administration, commands, file transfers performed by the Client’s representatives; (vii) other activities the Client directs, denial of service attacks, natural disasters, power and other utility outages, internet service outages, changes resulting from government, political, or other regulatory actions or court orders, strikes or labor disputes, acts of civil disobedience, acts of war, or other events caused by circumstances beyond DevFactory’s reasonable control; (viii) The Client’s negligence or breach of its material obligations under this SLA, the Agreement, or any other agreement between the Client and DevFactory; and (ix) lack of availability or untimely response time of the Client to respond to incidents that require its participation for source identification and/or resolution.

Exceptions to Service Levels. The Availability of the Application and DevFactorythe Supplier’s obligations with respect to the other service measures set forth herein may be subject to limitations, delays, and other problems inherent to the general use of the internet Internet and other public networks or caused by the ClientCustomer, authorized users Authorized Users or third parties. DevFactory Supplier is not responsible for any delays or other damage resulting from problems outside of DevFactorySupplier’s control; however, Supplier is responsible for the conduct of its third-party agents and contractors. Without limiting the foregoing, the following are exceptions to DevFactorySupplier’s obligations under this SLA: (i) : a failure or malfunction resulting from scripts, data, applications, equipment, or services provided and/or administered performed by the Client; (ii) Customer; outages initiated by DevFactory Supplier or its third party suppliers at the request or direction of the Client Customer for maintenance, back up, or other purposes; (iii) ; outages occurring as a result of any actions or omissions taken by DevFactory Supplier or its third party suppliers Suppliers at the request or direction of the Client; (iv) Customer; outages resulting from the ClientCustomer’s equipment and/or third party equipment not within the sole control of DevFactory; (v) Supplier or Supplier’s agents or contractors; events resulting from an interruption or shut down of the Application due to circumstances reasonably believed by DevFactory Suppler to be a significant threat to the normal operation of the Application, the facility from which the Application is provided, or access to or integrity of data (e.g., a hacker or a virus attack); (vi) ; outages due to system administration, commands, file transfers performed by the Client’s Customer representatives; (vii) ; other activities the Client Customer directs, denial of service attacks, natural disasters, power and other utility outages, internet service outages, changes resulting from government, political, or other regulatory actions or court orders, strikes or labor disputes, acts of civil disobedience, acts of war, or other events caused by circumstances beyond DevFactorySupplier’s reasonable control; (viii) The Clientcontrol Customer’s negligence or breach of its material obligations under this SLA, the Agreement, or any other agreement between the Client Customer and DevFactorySupplier; and (ix) and lack of availability or untimely response time of the Client Customer to respond to incidents that require its participation for source identification and/or resolution.

Exceptions to Service Levels. The Availability of the Application and DevFactorythe Supplier’s obligations with respect to the other service measures set forth herein may be subject to limitations, delays, and other problems inherent to the general use of the internet Internet and other public networks or caused by the ClientCustomer, authorized users Authorized Users or third parties. DevFactory Supplier is not responsible for any delays or other damage resulting from problems outside of DevFactorySupplier’s control. Without limiting the foregoing, the following are exceptions to DevFactorySupplier’s obligations under this SLA: (i) a failure or malfunction resulting from scripts, data, applications, equipment, or services provided and/or administered performed by the ClientCustomer; (ii) outages initiated by DevFactory Supplier or its third party suppliers at the request or direction of the Client Customer for maintenance, back up, or other purposes; (iii) outages occurring as a result of any actions or omissions taken by DevFactory Supplier or its third party suppliers Suppliers at the request or direction of the ClientCustomer; (iv) outages resulting from the ClientCustomer’s equipment and/or third party equipment not within the sole control of DevFactorySupplier; (v) events resulting from an interruption or shut down of the Application due to circumstances reasonably believed by DevFactory Suppler to be a significant threat to the normal operation of the Application, the facility from which the Application is provided, or access to or integrity of data (e.g., a hacker or a virus attack); (vi) outages due to system administration, commands, file transfers performed by the Client’s Customer representatives; (vii) other activities the Client Customer directs, denial of service attacks, natural disasters, power and other utility outages, internet service outages, changes resulting from government, political, or other regulatory actions or court orders, strikes or labor disputes, acts of civil disobedience, acts of war, or other events caused by circumstances beyond DevFactorySupplier’s reasonable control; (viii) The ClientCustomer’s negligence or breach of its material obligations under this SLA, the Agreement, or any other agreement between the Client Customer and DevFactorySupplier; and (ix) lack of availability or untimely response time of the Client Customer to respond to incidents that require its participation for source identification and/or resolution. (x) use of unsupported, untested and unverified versions of browsers, operating systems and applications as defined by Planbox - Client Software And Systems Requirements document.