Service Availability Warranty. Provider will use commercially reasonable efforts to achieve the level of performance guaranteed for each Service (“Service Availability Warranty”), as further defined in each applicable Service Schedule. Any period where a particular Service is unavailable but such unavailability is caused by or associated with any of the following shall not be considered a Service Outage: (i) any circumstance beyond Provider’s reasonable control, including but not limited to a failure or error in a device or hardware not provided by Provider, denial of service or similar attacks, mail bombs, DNS resolution, domain name expiration, hardware failure, Internet unavailability, power failure, Your act or omission, Your portion of the network, IP transit provider issues, SYN attacks or any other Force Majeure event; (ii) any unavailability related to the replacement or repair of customer premises equipment; (iii) any issues related to a Third-Party Supplier; or (iv) any scheduled and emergency maintenance (“Collectivelly the “Service Outage Exclusions”). Also, any period of unavailability lasting less than five (5) consecutive minutes shall not be considered a Service Outage.
Service Availability Warranty. Sherweb will use commercially reasonable efforts to achieve the level of performance set out for each Service, as further defined in each applicable Service Schedule (“Service Availability Warranty”). Any period where a particular Service is unavailable but such unavailability is caused by or associated with any of the following shall not be considered a Service Outage: (i) any circumstance beyond Sherweb’s reasonable control, including but not limited to a failure or error in a device or hardware not provided by Sherweb, denial of service or similar attacks, mail bombs, DNS resolution, domain name expiration, hardware failure, Internet unavailability, power failure, Your act or omission or those of your End Users, Your portion of the network or that of your End Users, IP transit Sherweb issues, SYN attacks or any other Force Majeure event;
Service Availability Warranty. Instructure warrants to Customer, (i) that commercially reasonable efforts will be made to maintain the online availability of the Service for a minimum availability in a trailing 365Mday period as provided below (excluding scheduled outages, standard maintenance windows, force majeure, and outages that result from any technology issue originating from Customer or a User), (ii) the functionality or features of the Service may change but will not materially degrade during the Term, and (iii) that Support may change but will not materially degrade during the Term. Annual Availability Warranty: 99.9% availability percentage • If Customer has been using the Service for less than 365 days, the preceding 365 days will be used, but any days prior to Customer’s use of the Service will be deemed to have had 100% availability. • Any unavailability occurring prior to a successful credit claim cannot be used for any future claims. A Customer is eligible for a service credit if the annual availability percentage drops below 99.9% for the preceding 365 days from the date of a service credit claim. The maximum amount of the credit is 1/12 of the annual subscription fee for a twelve (12) month period. This service credit is calculated by taking the number of hours that the Service was unavailable below the warranty, and multiplying it by 3% of 1/12 the annual subscription fee. Customer’s sole and exclusive remedy for breach of the warranty in this Section 3(b)(i) will be for Instructure to provide a credit as provided above; provided that Customer notifies Instructure in writing of such claim within the applicable month Customer becomes eligible or 30 days after.
Service Availability Warranty. Agilent will use commercially reasonable efforts to make the Services available in accordance with its Service Delivery Guidelines for iLab Operations Software, attached hereto as Exhibit C.
