Permitted Downtime means the following: (a) Inoperability due to any scheduled or emergency maintenance (occurring during the Scheduled Maintenance Periods or Emergency Maintenance Periods); (b) Problems caused by Customer or its telecommunications and Internet services; (c) Problems caused by software or hardware not provided or controlled by Qubit or any third-party service to which customer subscribes (e.g., web-hosting services); (d) Problems due to Force Majeure events, as provided in the Agreement, and acts of war or nature; (e) Problems due to acts or omissions of Customer, its agents, employees or contractors; (f) Problems due to defects in software provided by Customer that Qubit could not have discovered through the exercise of reasonable diligence prior to the failure; (g) Problems due to Customer’s failure to implement changes in equipment or software reasonably recommended by Qubit in writing as essential to maintaining service levels following a Customer directed change in the operating environment; (h) Inoperability due to a Customer driven increase in demand for system resources that has not allowed Qubit a reasonable time to accommodate; (i) Problems due to operation under a disaster recovery plan (assuming Qubit has complied with its material obligations with respect thereto); (j) Provision of the Products after expiration of the Agreement; (k) Any failures of Customer to abide by the Notification Sections of this SLA; (l) Negligent or intentional misuse of the Product or Additional Services by Customer; (n) “Beta”, “Tester” or “limited availability” products, features and functions identified as such by Qubit; (o)
Permitted Downtime means downtime that occurs as part of Spanning's maintenance activities where Customer has been notified of the outage before it occurs. If Spanning does not meet the Service Availability Goal for a given month during the term of a subscription and Customer meets its obligations under this SLA, Customer will receive Service Credits per the schedule below. Monthly Uptime Percentage: ● < 99.9% >= 99.0% → 5 Days Added to Subscription Term ● < 99.0% >= 95.0% → 10 Days Added to Subscription Term ● < 95.0% → 20 Days Added to Subscription Term
Examples of Permitted Downtime in a sentence
Notwithstanding anything to the contrary in this exhibit, any Unavailability issues resulting from or connected to any Permitted Downtime will be excluded from calculation of the Uptime Percentage.
In the event that Customer experiences any problem with respect to the Products that is not caused by a Permitted Downtime, Customer may notify the Qubit Help Desk team (see Qubit Help Desk Information above).
If Qubit fails to meet the relevant Resolution Time commitments for any issue not caused by Permitted Downtime five (5) times during a calendar month, Customer’s exclusive remedy and Qubit’s sole obligation will be for Customer to terminate the applicable Sales Order Form and receive a refund, on a pro rata basis, of any Subscription Fees paid by the Customer that are unused as of the termination effective date.
With regard to the option selected in Schedule 2, the following are the KPIs for the Services: Permitted Downtime: Equipment EffectedMax.
Acceptable Time ElapseMinor Failures[insert period] in any 7 day periodMajor Failures[insert period] in any 24 hour periodFaults: All Faults must be repaired within 48 hours of notice from the Principal or Tenant, unless prior written permission of the Principal has been obtained.Response Rates: With the exception of the Permitted Downtime permitted, the following response times will apply from receipt of a call or notice of a Failure.
More Definitions of Permitted Downtime
Permitted Downtime means: (a) scheduled maintenance which the Supplier shall use reasonable endeavours to undertake from 2am to 6am (UK time); (b) emergency maintenance; or (c) downtime caused in whole or part by Force Majeure. Permitted Purpose means use solely for the Customer’s business operations and, in respect of each Subscribed Services, also for the business of operations of the Authorised Affiliates identified in respect of that Subscribed Service on the Order Form, in each case in accordance with the applicable Documentation and our Agreement. Permitted Purpose expressly excludes any of the following to the maximum extent permitted by law: (a) copying, reproducing, publishing, distributing, redistributing, broadcasting, transmitting, modifying, adapting, editing, abstracting, storing, archiving, displaying publicly or to third parties, selling, licensing, leasing, renting, assigning, transferring, disclosing (in each case whether or not for charge) or in any way commercially exploiting any part of any Subscribed Service or Documentation; (b) permitting any use of any Subscribed Service or Documentation in any manner by any third party (including permitting use in connection with any timesharing or service bureau, outsourced or similar service to third parties or making any Subscribed Service or Documentation (or any part) available to any third party or allowing or permitting a third party to do any of the foregoing (other than to the Authorised Affiliates for the Permitted Purpose)); (c) combining, merging or otherwise permitting any Subscribed Service (or any part of it or any Application) to become incorporated in any other program or service, or arranging or creating derivative works based on it (in whole or in part); or (d) attempting to reverse engineer, observe, study or test the functioning of or decompile the Applications or the Services (or any part), except as expressly permitted under our Agreement.
Permitted Downtime means any Downtime in a calendar month where Customer is unable to use the DRaaS due to its full or partial unavailability or non-function which is, or is caused by, a) a Maintenance Period;
Permitted Downtime means (a) scheduled maintenance which the Supplier shall use reasonable endeavours to undertake from 2am to 6am (UK time); (b) emergency maintenance; or (c) downtime caused in whole or part by Force Majeure.
Permitted Downtime means scheduled or emergency maintenance, problems caused by Customer’s internet services, Customer’s failure to implement changes in equipment or software within a reasonable amount of time after Company advised of such changes in writing as essential to maintaining service levels.
Permitted Downtime means the following: o Inoperability due to any Scheduled Maintenance; o Problems caused by Customer's or its users' telecommunications or internet service; o Problems caused by software or hardware not provided or controlled by Showpad; o Problems due to force majeure events, as described in the Agreement; o Problems due to acts or omissions of Customer, its agents, employees or contractors; and o Problems due to operation under a disaster recovery plan (provided that Showpad has complied with its material obligations with respect thereto).
Permitted Downtime. (“PD”) means (i) planned service and maintenance about which the Customer has been informed in advance or (ii) other downtime at the request of the Customer or with the Customer’s approval.
Permitted Downtime means any time during a calendar month in which the Customer is not able to receive inbound calls for the following reasons: