Unavailability. Company’s Platform and Customer’s Software Solution shall deem to be Unavailable if Customer’s reasonably upgraded hardware, software and operating system is functioning properly, but cannot achieve access to the Platform and/or Software Solution. Unavailability shall not be deemed to occur as a result of Company maintenance activities; acts of omission by Customer, failure of Customer hardware or software, Vicious Attacks or events beyond Company’s reasonable control, including Unavailability due to third party service provider and data center issues, mobile network connectivity and/or mobile device hardware failure.
Appears in 5 contracts
Sources: Service Agreement, Service Agreement, Service Agreement