SaaS Service Availability. MRI shall use commercially reasonable efforts to maintain a Monthly Uptime Percentage of 99.99% for the Payment Services , except for: (a) any unavailability caused by circumstances beyond MRI’s and it’s Payment Provider’s reasonable control, including without limitation, Force Majeure Events; (b) Client Error Incidents; (c) Scheduled Maintenance; (d) Emergency Maintenance; (e) DNS propagation or issues outside of the control of the Payment Providers; (f) willful misconduct or misuse by the Client Users of the Payment Services; (g) email or web-delivery and transmission; and (h) Internet service provider failures. Monthly Uptime Percentage shall mean the percentage of time the Payment Services are available for access and use by Client as measured over the course of each calendar month during the Term.
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement