Service Level Commitments Disclaimers and Limitations Sample Clauses

Service Level Commitments Disclaimers and Limitations. (a) Service Level Commitments. Company guarantees that the System and all Services provided on the System will be accessible to Customer’s authorized Users 95% of the time in any given calendar month, excluding Maintenance Windows. Notwithstanding the foregoing, Company does not guarantee network availability between Customer and the Company hosting servers, as such availability can involve numerous third parties and is beyond the control of Company. Company will not be liable for nor provide any service credits hereunder for any downtime caused in whole or part by a third party data center provider nor for any downtime that Customer experiences as a result of Customer or Customer’s Users’ own network connectivity issues. If Customer experiences a System or Service outage and is unable to access the System or any Service, Customer must immediately contact Company’s help desk, providing any/all necessary information that may assist Company in determining the cause of the outage. Company will determine in good faith whether the outage was within Company’s reasonable control. If Company determines that a timely reported outage was attributable to Company, then Company will credit Customer 1-day of Service fees for every day of downtime Customer experienced, up to a maximum of half of that month’s Service fees. This shall be Customer’s sole remedy, and Company’s sole liability, for Company’s failure to provide the guaranteed availability set forth in this Section 8(a).