Common use of Cloud Services availability and maintenance Clause in Contracts

Cloud Services availability and maintenance. 3.5.1. The Cloud Services shall be available on a 7 days/7 and 24hours/24 basis with a ninety-five (95) percent average annual availability (hereinafter referred to as “SLA”). 3.5.2. NETiKA BS will notify Customer in a timely fashion if possible if maintenance is required as a result of which the Cloud Services are not available. Platform downtimes due to maintenance will not be counted as unavailability periods for the calculation of the Cloud Services’ availability. 3.5.3. NETiKA BS is not responsible for Internet or web-related downtimes, especially downtimes during which the Cloud Services cannot be accessed through the Internet due to technical or other problems that are beyond NETiKA BS’s control (e.g. force majeure, third party fault, etc.) 3.5.4. Should the above mentioned SLA not be attained for any given twelve (12)-month contract period, then Customer will be entitled to a one (1)-month free use of the Cloud Services. Customer acknowledges and agrees that this shall be Customer’s sole and exclusive remedy for breach of the SLA.

Cloud Services availability and maintenance. 3.5.1. The Cloud Services shall be available on a 7 days/7 and 24hours/24 24 hours/24 basis with a ninety-five (95) percent average annual availability (hereinafter referred to as “SLA”). 3.5.2. NETiKA BS Neofleet will notify Customer in a timely fashion if possible if maintenance is required as a result of which the Cloud Services are not available. Platform downtimes due to maintenance will not be counted as unavailability periods for the calculation of the Cloud Services’ availability. 3.5.3. NETiKA BS Neofleet is not responsible for Internet or web-related downtimes, especially downtimes during which the Cloud Services cannot be accessed through the Internet due to technical or other problems that are beyond NETiKA BSNeofleet’s control (e.g. force majeure, third party fault, etc.) 3.5.4. Should the above mentioned SLA not be attained for any given twelve (12)-month contract period, then Customer will be entitled to a one (1)-month free use of the Cloud Services. Customer acknowledges and agrees that this shall be Customer’s sole and exclusive remedy for breach of the SLA.