Common use of Hosted Services Availability Clause in Contracts

Hosted Services Availability. Service Provider will use all reasonable efforts to reach the targeted Availability Rate (calculated as set out below) of 99.8% per calendar quarter for Production environments. The Availability Rate is calculated as a percentage of total hours of availability for such quarter, excluding periods that the Services are unavailable due to Excluded Events. For the purposes of this section “availability” shall mean the ability to access and use the Hosted Services. Ta = Number of hours service is unavailable per calendar quarter during Service Availability Hours Tq = Total number of service hours per calendar quarter during Service Availability Hours Availability Rate [%] = !( − × ' An “Excluded Event ” is one of the following events which results in services being unavailable: (a) network, Internet or telecommunications problems outside of Service Provider’s control; (b) failure of Customer’s hardware and/or software; (c) any scheduled, negotiated or emergency maintenance period; (d) problems with Customer’s networks, including LANS, WANS, connectivity to the Hosted Services or any failure of such networks to conform to any capacity requirements; (e) Scheduled and Mandatory Maintenance (as defined below); or (f) network intrusions, denial of service attacks to the extent that these have not been caused by Service Provider’s failure to implement technical and organisational measures against these risks in accordance with good industry practice, or any force majeure events; (g) service interruption linked to scheduled or unscheduled downtimes for Interbank Networks such as (this list is not exhaustive) BACS, SWIFT, SIC, euroSIC, SECOM, Telekurs; (h) service interruption linked to scheduled or unscheduled downtimes at the third party service providers (e.g. datacentres); (i) crisis events such as fire, flooding, pandemic as listed in the Business Continuity Plan; (j) Customer exceeds the authorised daily volume limits or the concurrent users limit, as defined in the Agreement. The Hosted Services are accessible 24*7*365 except for internal maintenance windows (Hosted Services maintenance) and external maintenance windows (Interbank Network maintenance).

Hosted Services Availability. Service Provider will use all reasonable efforts to reach the targeted Availability Rate (calculated as set out below) of 99.899.5% per calendar quarter month for Production environments. The Availability Rate is calculated as a percentage of total hours of availability for such quartermonth, excluding periods that the Services are unavailable due to Excluded Events. For the purposes of this section “availability” shall mean the ability to access and use the Hosted Services. Ta = Number of hours service is unavailable per calendar quarter month during Service Availability Hours Tq = Total number of service hours per calendar quarter month during Service Availability Hours Availability Rate [%] = !( − × ' Tq An “Excluded Event ” is one of the following events which results in services being unavailable: (a) network, Internet or telecommunications problems outside of Service Provider’s control; (b) failure of Customer’s hardware and/or software; (c) any scheduled, negotiated or emergency maintenance period; (d) problems with Customer’s networks, including LANS, WANS, connectivity to the Hosted Services or any failure of such networks to conform to any capacity requirements; (e) Scheduled and Mandatory Maintenance (as defined below); or (f) network intrusions, denial of service attacks to the extent that these have not been caused by Service ProviderBottomline’s failure to implement technical and organisational measures against these risks in accordance with good industry practice, or any force majeure events; (g) service interruption linked to scheduled or unscheduled downtimes for Interbank Networks such as (this list is not exhaustive) BACS, SWIFT, SIC, euroSIC, SECOM, Telekurs; (h) service interruption linked to scheduled or unscheduled downtimes at the third party service providers (e.g. datacentres); (i) crisis events such as fire, flooding, pandemic as listed in the Business Continuity Plan; (j) Customer exceeds the authorised daily volume limits or the concurrent users limit, as defined in the inthe Agreement. The Hosted Services are accessible 24*7*365 except for internal maintenance windows (Hosted Services maintenance) and external maintenance windows (Interbank Network maintenance).

Hosted Services Availability. Service Provider will use all reasonable efforts to reach the targeted Availability Rate (calculated as set out below) of 99.899.5% per calendar quarter month for Production environments. The Availability Rate is calculated as a percentage of total hours of availability for such quartermonth, excluding periods that the Services are unavailable due to Excluded Events. For the purposes of this section “availability” shall mean the ability to access and use the Hosted Services. Ta = Number of hours service is unavailable per calendar quarter month during Service Availability Hours Tq = Total number of service hours per calendar quarter month during Service Availability Hours Availability Rate [%] = !( (𝟏 − × ' 𝐓𝐚 x 𝟏𝟎𝟎) 𝐓q An “Excluded Event ” is one of the following events which results in services being unavailable: (a) network, Internet or telecommunications problems outside of Service Provider’s control; (b) failure of Customer’s hardware and/or software; (c) any scheduled, negotiated or emergency maintenance period; (d) problems with Customer’s networks, including LANS, WANS, connectivity to the Hosted Services or any failure of such networks to conform to any capacity requirements; (e) Scheduled and Mandatory Maintenance (as defined below); or (f) network intrusions, denial of service attacks to the extent that these have not been caused by Service ProviderBottomline’s failure to implement technical and organisational measures against these risks in accordance with good industry practice, or any force majeure events; (g) service interruption linked to scheduled or unscheduled downtimes for Interbank Networks such as (this list is not exhaustive) BACS, SWIFT, SIC, euroSIC, SECOM, Telekurs; (h) service interruption linked to scheduled or unscheduled downtimes at the third party service providers (e.g. datacentres); (i) crisis events such as fire, flooding, pandemic as listed in the Business Continuity Plan; (j) Customer exceeds the authorised daily volume limits or the concurrent users limit, as defined in the inthe Agreement. The Hosted Services are accessible 24*7*365 except for internal maintenance windows (Hosted Services maintenance) and external maintenance windows (Interbank Network maintenance).

Hosted Services Availability. Service Provider will use all reasonable efforts to reach the targeted Availability Rate (calculated as set out below) of 99.8% per calendar quarter month for Production environments. The Availability Rate is calculated as a percentage of total hours of availability for such quartermonth, excluding periods that the Services are unavailable due to Excluded Events. For the purposes of this section “availability” shall mean the ability to access and use the Hosted Services. Ta = Number of hours service is unavailable per calendar quarter month during Service Availability Hours Tq = Total number of service hours per calendar quarter month during Service Availability Hours Availability Rate [%] = !( ((𝟏 − 𝐓𝐚 × ' 𝟏𝟎𝟎) 𝐓𝐪 An “Excluded Event ” is one of the following events which results in services being unavailable: (a) network, Internet or telecommunications problems outside of Service Provider’s control; (b) failure of Customer’s hardware and/or software; (c) any scheduled, negotiated or emergency maintenance period; (d) problems with Customer’s networks, including LANS, WANS, connectivity to the Hosted Services or any failure of such networks to conform to any capacity requirements; (e) Scheduled and Mandatory Maintenance (as defined below); or (f) network intrusions, denial of service attacks to the extent that these have not been caused by Service ProviderBottomline’s failure to implement technical and organisational measures against these risks in accordance with good industry practice, or any force majeure events; (g) service interruption linked to scheduled or unscheduled downtimes for Interbank Networks such as (this list is not exhaustive) BACS, SWIFT, SIC, euroSIC, SECOM, Telekurs; (h) service interruption linked to scheduled or unscheduled downtimes at the third party service providers (e.g. datacentres); (i) crisis events such as fire, flooding, pandemic as listed in the Business Continuity Plan; (j) Customer exceeds the authorised daily volume limits or the concurrent users limit, as defined in the Agreement. The Hosted Services are accessible 24*7*365 except for internal maintenance windows (Hosted Services maintenance) and external maintenance windows (Interbank Network maintenance).

Hosted Services Availability. Service Provider will use all reasonable efforts to reach the targeted Availability Rate (calculated as set out below) of 99.8% per calendar quarter for Production environments. The Availability Rate is calculated as a percentage of total hours of availability for such quarter, excluding periods that the Services are unavailable due to Excluded Events. For the purposes of this section “availability” shall mean the ability to access and use the Hosted Services. Ta = Number of hours service is unavailable per calendar quarter during Service Availability Hours Tq = Total number of service hours per calendar quarter during Service Availability Hours Availability Rate [%] = !( − × ' An “Excluded Event ” is one of the following events which results in services being unavailable: (a) network, Internet or telecommunications problems outside of Service Provider’s control; (b) failure of Customer’s hardware and/or software; (c) any scheduled, negotiated or emergency maintenance period; (d) problems with Customer’s networks, including LANS, WANS, connectivity to the Hosted Services or any failure of such networks to conform to any capacity requirements; (e) Scheduled and Mandatory Maintenance (as defined below); or (f) network intrusions, denial of service attacks to the extent that these have not been caused by Service Provider’s failure to implement technical and organisational measures against these risks in accordance with good industry practice, or any force majeure events; (g) service interruption linked to scheduled or unscheduled downtimes for Interbank Networks such as (this list is not exhaustive) BACS, SWIFT, SIC, euroSIC, SECOM, Telekurs; (h) service interruption linked to scheduled or unscheduled downtimes at the third party service providers (e.g. datacentres); (i) crisis events such as fire, flooding, pandemic as listed in the Business Continuity Plan; (j) Customer exceeds the authorised daily volume limits or the concurrent users limit, as defined in the Agreement. The Hosted Services are accessible 24*7*365 except for internal maintenance windows (Hosted Services maintenance) and external maintenance windows (Interbank Network maintenance).