Service Level Availability Clause Samples
The Service Level Availability clause defines the minimum uptime or performance standards that a service provider must meet when delivering their services. Typically, this clause specifies measurable targets, such as a percentage of time the service must be operational (e.g., 99.9% uptime per month), and may outline procedures for monitoring, reporting, and addressing service outages or failures. Its core practical function is to set clear expectations for service reliability, thereby protecting the customer from prolonged downtime and ensuring accountability from the provider.
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Service Level Availability. (a) System Available - 24 hours daily, excluding Emergency Maintenance and Preventative Maintenance Windows
(b) Maintenance Notices
(i) Preventative Maintenance – will be performed during the preventative Maintenance Window listed herein.
(ii) Emergency Maintenance – FormFox will attempt to give Provider as much notice as possible of Emergency Maintenance.
(iii) Maintenance Windows
1. When possible, FormFox will schedule Preventative Maintenance Weekdays – 10:00 PM - 2:00 AM (Mountain Time); or Weekends – 6:00 PM Friday – 4:00 AM Monday (Mountain Time)
2. Preventative Maintenance shall not be scheduled during Business Hours.
Service Level Availability i. Uptime SLA Percentage. Company shall ensure that the Uptime SLA Percentage, averages at least 99 % (“Uptime SLA Percentage”). For the purpose of determining Uptime SLA Percentage, the following formula will be used:
ii. Uptime SLA Percentage = (Possible Available Uptime - Unscheduled Downtime) /(Possible Available Uptime) x 100%
iii. Service Level Termination Event. If the Uptime SLA Percentage falls below 98% in any three (3) months over a period of twelve (12) months, then Client has the right to terminate the applicable Order Form without penalty upon thirty (30) days’ prior written notice to Company of its intent to terminate; provided that such notice is given within thirty (30) days of the end of the third month in which such Uptime SLA Percentage was not achieved.
Service Level Availability. TRITAN shall use its best efforts to ensure that the Solutions, through the provision of Data Services, remains available ninety-eight percent (98%) of each month (“Service Level Availability”) per License for all On-Net Services within TRITAN Network. TRITAN’s sole liability, and Client’s sole remedy for TRITAN’s failure to meet the Service Level Availability, shall be limited to Client’s right to receive credit set forth in the table below. The credit specified in this table will be applied to the next scheduled Hosting and Data Management Fees reducing the amount owed for such Fees. TRITAN will not make cash refunds to Client as a result of Service Credit Availability will be measured and reported by TRITAN upon request from the Client. Measurement will be taken On-Net using a TRITAN utility that automatically retrieves and reports Software availability information available for the Client.
Service Level Availability. New Relic will use commercially reasonable efforts to make the Service available in line with industry standards.
Service Level Availability. Feature Basic Availability
Service Level Availability. If provided, the targeted availability levels and any related remedies for a SaaS offering are as stated in the applicable SaaS Listing. The following events shall be excluded from the calculation of Service Level Availability: (i) Force Majeure Event; (ii) outages due to Scheduled Downtime;
Service Level Availability. 8.1. Thalamos shall make the Service Available 24 hours a day, seven days a week and shall use its reasonable endeavours to ensure Service Availability of not less than 99 per cent. The full Service Level Availability will be made available in the Contract.
8.2. In the event that Availability of the Service and any Additional Services will not be and is not affected or restricted, Thalamos may perform maintenance or put in place any changes, modifications or upgrades to the Service and any Additional Services at any time.
8.3. In the event that it is anticipated that Availability of the Service and any Additional Services may be affected or restricted by planned maintenance undertaken by Thalamos or a subcontractor, Thalamos will use reasonable endeavours to provide reasonable notice to the Client regarding any matter that affects a core and fundamental feature of the Service and any Additional Services, and at least 48 hours' Notice regarding a part of the Service and any Additional Services which is not fundamental to its functionality. This will be undertaken outside of Normal Business Hours, except where it warrants immediate action, in which case Thalamos may perform such maintenance immediately. For the avoidance of doubt, any period during which the Service and any Additional Services are not Available as a result of this clause shall not be taken into account when calculating Availability for the purpose of clause 8.1.
Service Level Availability. TRITAN shall use its best efforts to ensure that the Solutions, through the provision of Data Services, remains available ninety-eight percent (98%) of each month (“Service Level Availability”) per License for all On-Net Services within TRITAN Network. TRITAN’s sole liability, and Client’s sole remedy for TRITAN’s failure to meet the Service Level Availability, shall be limited to Client’s right to receive credit set forth in the table below. The credit specified in this table will be applied to the next scheduled Hosting and Data Management Fees reducing the amount owed for such Fees. TRITAN will not make cash refunds to Client as a result of Service Credit Availability will be measured and reported by TRITAN upon request from the Client. Measurement will be taken On-Net using a TRITAN utility that automatically retrieves and reports Software availability information available for the Client. 70-79% 30% <70% 50% For the purpose of determining Service Level Availability, the following formula will be used: Uptime Percentage = (Possible Available Uptime*) - (Hours of downtime) * 100 * Possible Available Uptime will be calculated as: number of calendar days in a month times 24 hours, minus any Excused Outage during the calendar month, and Total Hours in the Month will be determined as the number of calendar days in a month times 24 hours.
Service Level Availability. “NWEA Network” shall mean NWEA owned and controlled equipment providing the Online Test system, but excluding any networks, equipment or services provided by third parties, Subscriber’s equipment and networks, or interconnections to or from connectivity with other Internet Service Provider networks.
Service Level Availability. Provider will use commercially reasonable efforts to make Software available with a Monthly Uptime Percentage of at least 99.95%, in each case during any monthly billing cycle or calculated as such if billed annually (the “Service Commitment”). The Service Commitment does not apply to any unavailability, suspension or termination of Software, or any other Software performance issues: