Permitted Downtime definition
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 clauses 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) Software that has been subject to unauthorised modification by Customer; and (p) Qubit’s suspension or termination of the Product and Additional Services in accordance with the Agreement and/or its associated Sales Order Form.
Permitted Downtime means any period during which the Services are not available due to: (i) scheduled maintenance (Supplier shall use reasonable endeavours to carry out scheduled maintenance between the hours of 2am and 6am in the time zone of the region in which the Client is receiving the Services); (ii) emergency maintenance (including any period of suspension for security reasons); or (ii) caused in whole or part by a Force Majeure Event;
Permitted Downtime means the amount of time (expressed in minutes) in a calendar month, which will be excluded in the calculation of Availability, and which is due to a Service Exclusion.
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.
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.
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).
For the purposes of measuring any Permitted Downtime, a fraction of a minute that is less than a half minute will be rounded down and a fraction of a minute that is half a minute or greater will be rounded up.
PD = Permitted Downtime (to be excluded when calculating Availability) TBH, PD and DT is calculated in whole minutes.
More Definitions of Permitted Downtime
Permitted Downtime means any periods during which the Service is unavailable as a result of: (a) network maintenance, in accordance with clause 11.2 of the General Terms; (b) Vorboss’ suspension of the Service in accordance with its rights under the Agreement; or (c) any act or omission by the Customer or any maintenance or downtime of the Customer Equipment or systems;
Permitted Downtime means: (a) scheduled maintenance; (b) emergency maintenance; or (c) downtime caused in whole or part by Force Majeure. Permitted Purpose means use solely for the Customer’s internal business operations and, in respect of each Subscribed Services, also for the internal 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 has the meaning given to it in clause 1.
Permitted Downtime means scheduled, emergency or other reasonable maintenance, or other circumstances beyond or reasonable control (including Customer’s or any of its End Users’ use of the Opus 2 Software in a manner inconsistent with the Contract or documentation provided or made available to Customer or Users, or internet or other network traffic problems or outages arising in or from networks or infrastructure not provided by us or in our control) which results in downtime. We cannot and do not guarantee that access to the Annotate Software will be continuous or error free. We will not be liable for any loss suffered because of Annotate Software being unavailable (including, without limitation, as a result of Permitted Downtime) . If we fail to meet the SLA, Customer shall be entitled to request a credit against future services fees (“Service Credits”), in accordance with the following table: Above 98% None as SLA achieved 95% to 98% 1.2% of the Annual Licence Fee 90% to 94.99% 2.4% of Annual Licence Fee Below 90% 3.6% of Annual Licence Fee Any credits that may accrue to Customer’s account will be the Customer’s sole and exclusive remedy in respect of our inability to meet the SLA, shall expire following expiration or termination of the applicable Contract, will have no currency or exchange value, and will not be transferable or refundable. Credits accrued to a workspace on a free subscription plan will expire if the workspace’s plan is not upgraded to a paid plan within ninety (90) days of accrual, unless otherwise specified.
Permitted Downtime means Excluded Downtime, Force Majeure Downtime and Scheduled Downtime.
Permitted Downtime means the minutes in a calendar month the Services are not Available caused by:
(a) Customer’s telecommunications or Internet services; (b) software, data, or hardware not provided or controlled by iplicit, including but not limited to, Third-Party Services as defined in the Agreement; (c) Force MajeureEvents;
(d) Customer or its Users configuring, integrating or operating the Services in a manner not in compliancewith the applicable published Documentation and guidelines or otherwise authorized by iplicit (e) any Scheduled Maintenance Period, (f) any downtime mutually agreed in advance with Customer in writing or via email, or (g) any evaluation, beta, demonstration, non-production or proof-of-concept uses or versions of the Services.
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