Uptime Availability definition
Examples of Uptime Availability in a sentence
Notwithstanding the foregoing, SHIFT4 agrees that GATEWAY downtimes that are not attributable to the causes expressly identified in this Section 13.2 shall be included in calculating SHIFT4’s Monthly Uptime Availability.
Calculation of Uptime Availability excludes unavailability caused by Customer-Generated Errors; scheduled downtime; emergency maintenance (not to exceed four hours in any calendar month); Customer environment issues affecting connectivity or interfering with the Service; third party software, hardware or telecommunications failures, including Internet slow-downs or failures; issues related to third party domain name system errors or failures; or Force Majeure Events.
In the case of each Performance Standard except Uptime Availability: (i) the Performance Standard calculation shall commence when ▇▇▇▇▇ receives a readable image and conclude when ▇▇▇▇▇ sends a response to Customer; and (ii) the calculation shall exclude Transactions pursuant to Section 4 (Forecasting Dependency) below.
Customer may, immediately upon notice to ▇▇▇▇▇▇▇▇▇, elect to terminate without liability, charge or penalty if the Subscription Service fails to comply with the Uptime Availability for three (3) consecutive months or any three (3) months over the course of a six-month period.
Downtime in connection with maintenance and/or upgrades do not count against Uptime Availability and credits will not be issued in connection with downtime resulting from either scenario.
In no event will Service Credits in any Calendar Month exceed 25% of total Monthly Fees for that Calendar Month in case of System Uptime Availability.
Subject to the terms of Exhibit C, the Software and Customer Data shall be available and shall perform in accordance with the Documentation 99.00% of the time during each calendar month (“Uptime Availability”) and if JOBPROGRESS fails to meet this Uptime Availability, JOBPROGRESS shall provide to Customer the credits as set forth in Exhibit C.
For any partial calendar quarter during which Customer subscribes to the Subscription Service, Uptime Availability will be calculated based on the entire calendar quarter, not just the portion for which Customer subscribed.
Notwithstanding the foregoing, SHIFT4 agrees that DOTN downtimes that are not attributable to the causes expressly identified in this Section 13.2 shall be included in calculating SHIFT4’s Monthly Uptime Availability.
In the event that Uptime Availability, Response Time, and Problem Fix Time are in default simultaneously, only Service Credits for Monthly Uptime Availability will be granted.