Common use of Server Uptime Level Commitment Clause in Contracts

Server Uptime Level Commitment. SysAid shall make its best efforts to assure that Our Servers uptime will be 99.9% which designs to assure that the Main System will be reachable from the global internet 99.9% of the time (“Servers Uptime Commitment”). However, many possible situations may cause Our Servers, from time to time, not to be reachable and therefore are not in the scope of the abovementioned Servers Uptime Commitment (“Admissible Downtime”), and such situations may include the following situations: hardware and software maintenance downtime, and situations which are beyond Our control 8.1. In the event that SysAid does not meet Servers Uptime Commitment, You will be eligible to request compensation for times when Our Servers were not reachable other than due to Admissible Downtime ("Failure Downtime"). The compensation will be a credit for 2 times (200%) the actual amount of Failure Downtime, to be used only in the following Term ("Downtime Credit"). When applicable under this Agreement, Downtime Credit conversion ratio into cash will be calculated as follows: accumulated Downtime Credit divided by the total amount of minutes per year (525,600) times the Annual Fee paid for the current Term ("Downtime Cash Equivalent"). Notwithstanding the above, the Maximum amount of Downtime Credit permitted to be accumulated under this Agreement may not exceed, such amount that if converted into Downtime Cash Equivalent would be equal to Your Annual Fee divided into twelve (12). 8.2. You will receive the above Downtime Credit only in the event that Our Servers shall undergo an aggregated monthly Failure Downtime for a period of more than 40 minutes. For example, if SysAid does not comply with Servers Uptime Commitment for 50 minutes, You will receive 100 minutes of Downtime Credit to be used in the following Term. However, if SysAid does not comply with Servers Uptime Commitment only for 40 minutes, You will not receive any Downtime Credit or any other type of compensation. 8.3. All requests for Downtime Credit compensation must be received within 5 business days of the Failure Downtime event in question, or otherwise such event shall not entitle You for Downtime Credit. 8.4. SysAid, in its sole and exclusive discretion, shall decide whether certain downtime event is an Admissible Downtime or Failure Downtime.

Server Uptime Level Commitment. SysAid shall make its best efforts to assure that Our Servers uptime will be 99.9% which designs to assure that the Main System will be reachable from the global internet 99.999.95% of the time (“Servers Uptime Commitment”). However, many possible situations may cause Our Servers, from time to time, not to be reachable and therefore are not in the scope of the abovementioned Servers Uptime Commitment (“Admissible Downtime”), and such situations may include the following situations: hardware and software maintenance downtime, and situations which are beyond Our control 8.1. In the event that SysAid does not meet Servers Uptime Commitment, You will be eligible to request compensation for times when Our Servers were not reachable other than due to Admissible Downtime ("Failure Downtime"). The compensation will be a credit for 2 times (200%) the actual amount of Failure Downtime, to be used only in the following Term ("Downtime Credit"). When applicable under this Agreement, Downtime Credit conversion ratio into cash will be calculated as follows: accumulated Downtime Credit divided by the total amount of minutes per year (525,600) times the Annual Fee paid for the current Term ("Downtime Cash Equivalent"). Notwithstanding the above, the Maximum amount of Downtime Credit permitted to be accumulated under this Agreement may not exceed, such amount that if converted into Downtime Cash Equivalent would be equal to Your Annual Fee divided into twelve (12). 8.2. You will receive the above Downtime Credit only in the event that Our Servers shall undergo an aggregated monthly Failure Downtime for a period of more than 40 minutes. For example, if SysAid does not comply with Servers Uptime Commitment for 50 minutes, You will receive 100 minutes of Downtime Credit to be used in the following Term. However, if SysAid does not comply with Servers Uptime Commitment only for 40 minutes, You will not receive any Downtime Credit or any other type of compensation. 8.3. All requests for Downtime Credit compensation must be received within 5 business days of the Failure Downtime event in question, or otherwise such event shall not entitle You for Downtime Credit. 8.4. SysAid, in its sole and exclusive discretion, shall decide whether certain downtime event is an Admissible Downtime or Failure Downtime.