Common use of Hosted Services Availability Clause in Contracts

Hosted Services Availability. 3.1 Gexcon will use commercially reasonable endeavours to ensure that the Hosted Services are Available on a continuing basis, except for any time during which planned maintenance (including planned maintenance carried out by any third-party hosting provider) is scheduled to occur. 3.2 If an individual Hosted Service is not Available (as measured by Gexcon), the Customer shall be entitled to claim a reduction in the Fees for the Hosted Services (calculated on an individual Hosted Service basis) in accordance with the table below. Any claim for a reduction in Fees must be raised by the Customer to Gexcon in writing within 30 days of the end of the month to which the claim relates. Availability of the specific Hosted Service Reduction in the Monthly Fee for the impacted Hosted Service Available for more than 90% (inclusive) of the Service Hours No reduction Available for less than 90% but more than 80% (inclusive) of the Service Hours 25% of the Monthly Fees Available for less than 80% but more than 70% (inclusive) of the Service Hours 50% of the Monthly Fee Available for less than 70% of the Service Hours 100% reduction in the Monthly Fee And for the purposes of this paragraph 3 of this Schedule 3:

Appears in 2 contracts

Sources: Licensing Agreements, Licensing Agreements