Common use of Smarsh Uptime Commitment Clause in Contracts

Smarsh Uptime Commitment. 1.1 The production instance of the Smarsh Connected Archive will be available 99.9% of any calendar month (the “Uptime Commitment”). Availability is measured using the following industry-standard formula: ( ) = ℎ (30 ) − ℎ ℎ ℎ (30 ) ∗ 100 Smarsh will not be responsible for interruption of Client’s access to the Services, and the Services will not be considered unavailable (i.e., such interruptions will not be included in the Downtime calculation), where the interruption results from: (a) routine maintenance, repair, and upgrade during Xxxxxx’x normal maintenance windows (specified below); (b) issues or failures with Client’s hardware, software, communications, or internet providers; (c) issues or failures of third-party sites, applications, software, hardware, or other components not supplied by Smarsh, or the intentional or malicious actions of third parties; (d) Client’s acts or omissions; or (e) force majeure events. Client may view the system status and subscribe to status updates at xxxxx://xxxxxx.xxxxxx.xxx/.

Appears in 2 contracts

Samples: Smarsh Services Agreement, Smarsh Services Agreement

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Smarsh Uptime Commitment. 1.1 The production instance of the Smarsh Connected Archive will be available 99.9% of any calendar month (the “Uptime Commitment”). Availability is measured using the following industry-standard formula: ( ) = ℎ (30 ) − ℎ ℎ ℎ (30 ) ∗ 100 Smarsh will not be responsible for interruption of Client’s access to the Services, and the Services will not be considered unavailable (i.e., such interruptions will not be included in the Downtime calculation), where the interruption results from: (a) routine maintenance, repair, and upgrade during Xxxxxx’x normal maintenance windows (specified below); (b) issues or failures with Client’s hardware, software, communications, or internet providers; (c) issues or failures of third-party sites, applications, software, hardware, or other components not supplied by Smarsh, or the intentional or malicious actions of third parties; (d) Client’s acts or omissions; or (e) force majeure events. Client may view the system status and subscribe to status updates at xxxxx://xxxxxx.xxxxxx.xxx/.

Appears in 1 contract

Samples: T Mobile Smarsh Services

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Smarsh Uptime Commitment. 1.1 The production instance of the Smarsh Connected Archive will be available 99.9% of any calendar month (the “Uptime Commitment”). Availability is measured using the following industry-standard formula: ( ) = ℎ (30 ) − ℎ ℎ ∗ 100 ℎ (30 ) ∗ 100 Smarsh will not be responsible for interruption of Client’s access to the Services, and the Services will not be considered unavailable (i.e., such interruptions will not be included in the Downtime calculation), where the interruption results from: (a) routine maintenance, repair, and upgrade during Xxxxxx’x normal maintenance windows (specified below); (b) issues or failures with Client’s hardware, software, communications, or internet providers; (c) issues or failures of third-party sites, applications, software, hardware, or other components not supplied by Smarsh, or the intentional or malicious actions of third parties; (d) Client’s acts or omissions; or (e) force majeure events. Client may view the system status and subscribe to status updates at xxxxx://xxxxxx.xxxxxx.xxx/.

Appears in 1 contract

Samples: Archive – Service Level Agreement

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