Common use of AVAILABILITY OF THE SERVICES Clause in Contracts

AVAILABILITY OF THE SERVICES. 7.1 Subject to Customer’s payment of the Service Fees set forth in the applicable Order, neXenio shall make the Services available to Customer in accordance with this Clause 7. 7.2 neXenio shall use reasonable endeavors to ensure, that the Services are available to Customer over the internet, however no less than 99.5% per year (based on twenty-four (24) hours a day and seven (7) days a week) excluding any temporary unavailability for scheduled or for unscheduled Maintenance, either by neX- ▇▇▇▇ or by third-party providers, or unavailability for causes beyond neXenio’s reasonable control, including but not limited to failures of third-party infrastructures. neXenio shall use reasonable efforts to provide ad- vance notice in writing or by e-mail of any scheduled service disruption. 7.3 Customer is aware and acknowledges that Customer’s access to the internet cannot be guaranteed and that neXenio shall never be liable for deficiencies in Customer’s own internet connections or equipment.