GUARANTEE OF AVAILABILITY Sample Clauses

GUARANTEE OF AVAILABILITY. It is agreed with the Client that the host implements all technical and human resources to provide the customer with a constantly available service. The Service is said to be available when the Customer can send from his "Server" and receive data to and from the data center network of the host. The Service is said to be unavailable when all of the following conditions are met: • The Customer cannot transmit or receive from and to the data center network of the host • The duration of the unavailability is greater than 15 minutes • The unavailability is not subject to a maintenance warning at least 48 hours in advance The host guarantees a minimum availability of 99% over a calendar month. The Client will be compensated at his request by a commercial credit of 1% of the contractual monthly fixed rent of the service unavailable per full hour of unavailability over a period of one calendar month. The amount of the availability indemnities for the service may not exceed 45% of the amount of the monthly rent for the service in question. The Customer cannot claim to benefit from compensation or damages for direct or indirect damages such as loss of Customer, loss of turnover, profit or competitiveness. The liability of the host is expressly limited to the compensation provided under this contract. Annual server availability rate (except maintenance) 99 % Notification of unavailability of servers for maintenance (except breakdown) 10 working days minimum Maintenance time window (except failure or notice to the contrary) Monday – Friday: 07 :00-8 :30, 12 :30-13 :30, or 18 :30-21 :00 Saturday – Sunday: whole days Maximum duration of a conventional maintenance (except failure or notice to the contrary) 4 hours Maximum time to solve a critical problem involving a service interruption 4 hours Support time and customer service Monday to Friday: from 08:30 to 17:30 except public holidays Supervision hours 24/7 Supervision frequency Every 15 minutes Frequency of virtual server image creation Weekly or on-demand Number of images kept 4 Maximum virtual server recovery time from an image 4 hours Frequency of data backup Daily Retention time of data backups 1 week Frequency of applying updates On demand Exclusions from the availability guarantee: The guarantee of availability cannot apply if the Customer has voluntarily stopped his machine.
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GUARANTEE OF AVAILABILITY. The architecture is secured against data loss by means of an internal replication mechanism on the AWS platform. The following standard AWS object protection measures are also used: Fire prevention measures are used (e.g. fire doors, smoke alarms, fire barriers, smoking bans). The computer systems are protected against flooding (e.g. the computer room is on the first floor, water detectors). Anti- vibration measures are in place (e.g. the computer room is not close to major roads, railways or machine rooms). The computer rooms are secured against electromagnetic fields (e.g. steel plates in the external walls). Measures are taken against vandalism and theft (see access controls). The computer systems are located in air- conditioned rooms (temperature and moisture levels are regulated through the air-conditioning system). The computer systems have surge protection devices. Measures are in place to secure minimum disruption and continuity of power supply (e.g. UPS systems, emergency generators). The data stock is regularly secured by backup copies on the AWS platform. The backup concept is documented and is regularly checked and updated. Backup media are protected against unauthorised access. The backup programs meet the latest quality standards, and are regularly updated to those standards. A backup data centre (remote from the processing site) has been set up and can continue the data processing operations in the event of a catastrophe. The various measures used to control access are documented by AWS in an emergency management plan. Before an order for data processing is given, there will be a thorough checking of the Contractor, according to predetermined criteria (technical and organisational measures). This requires a detailed representation of the technical/organisational data protection measures put in place by the Contractor (responses to questionnaire, or data protection concept), which will be checked. Depending on the quantity and sensitivity of the processed data, this check will also be carried out at the premises of the Contractor, if necessary. Appropriate certifications (e.g. ISO 27001) will be taken into account when selecting the Contractor. The Contractor’s adequacy will be documented in an appropriate, demonstrable form. A contract processing agreement will be concluded between the Client and the Contractor, to be used as a basis for the contractual relationship. This will set out, in detail and in writing, the responsibilities, duties a...
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Related to GUARANTEE OF AVAILABILITY

  • Guarantee of Payment This Guarantee Agreement creates a guarantee of payment and not of collection. This Guarantee Agreement will not be discharged except by payment of the Guarantee Payments in full (without duplication of amounts theretofore paid by the Issuer) or upon distribution of Debentures to Holders as provided in the Trust Agreement.

  • Leverage Ratio The Borrower will not permit the Leverage Ratio to exceed 4.50 to 1.0 on the last day of any Fiscal Quarter.

  • No Guarantee of Hours An Employee’s scheduled hours of work shall not be construed as guaranteeing the Employee minimum or maximum hours of work but is a basis for computing overtime.

  • Guarantee The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

  • Money Back Guarantee If we provide a money back guarantee ("MBG") for your Service, it will begin on your Service Ready Date. During this MBG period you may cancel your Service and receive a full refund of all monthly, one-time and equipment charges paid to Verizon (provided you return all Equipment in good working condition). If you fail to return the Equipment, an unreturned Equipment fee will apply. ETFs will not apply to Service terminated within the MBG period. The MBG does not apply to customers who change between or renew bundle, monthly, term or other pricing plans. The MBG is limited to one per Subscriber per Service type per Service address.

  • Continuing Guarantee This guarantee is a continuing guarantee and will extend to the ultimate balance of sums payable by any Obligor under the Finance Documents, regardless of any intermediate payment or discharge in whole or in part.

  • Guaranty Each Guarantor hereby absolutely and unconditionally, jointly and severally guarantees, as primary obligor and as a guaranty of payment and performance and not merely as a guaranty of collection, prompt payment when due, whether at stated maturity, by required prepayment, upon acceleration, demand or otherwise, and at all times thereafter, of any and all Secured Obligations (for each Guarantor, subject to the proviso in this sentence, its “Guaranteed Obligations”); provided that (a) the Guaranteed Obligations of a Guarantor shall exclude any Excluded Swap Obligations with respect to such Guarantor and (b) the liability of each Guarantor individually with respect to this Guaranty shall be limited to an aggregate amount equal to the largest amount that would not render its obligations hereunder subject to avoidance under Section 548 of the Bankruptcy Code of the United States or any comparable provisions of any applicable state law. Without limiting the generality of the foregoing, the Guaranteed Obligations shall include any such indebtedness, obligations, and liabilities, or portion thereof, which may be or hereafter become unenforceable or compromised or shall be an allowed or disallowed claim under any proceeding or case commenced by or against any debtor under any Debtor Relief Laws. The Administrative Agent’s books and records showing the amount of the Obligations shall be admissible in evidence in any action or proceeding, and shall be binding upon each Guarantor, and conclusive for the purpose of establishing the amount of the Secured Obligations. This Guaranty shall not be affected by the genuineness, validity, regularity or enforceability of the Secured Obligations or any instrument or agreement evidencing any Secured Obligations, or by the existence, validity, enforceability, perfection, non-perfection or extent of any collateral therefor, or by any fact or circumstance relating to the Secured Obligations which might otherwise constitute a defense to the obligations of the Guarantors, or any of them, under this Guaranty, and each Guarantor hereby irrevocably waives any defenses it may now have or hereafter acquire in any way relating to any or all of the foregoing.

  • Additional Indebtedness This Indenture does not restrict the Corporation from incurring additional indebtedness for borrowed money or other obligations or liabilities (including Senior Indebtedness) or mortgaging, pledging or charging its properties to secure any indebtedness or obligations or liabilities.

  • Payment Guarantee 20.1 On Contracts where one hundred (100%) percent performance bonds and payment bonds are executed, this Article 20 does not apply.

  • Additional Obligations of Applicant Section 8.1.

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