Common use of Exclusions and Assumptions Clause in Contracts

Exclusions and Assumptions. 8.1 The following times, events and instances are excluded from any calculation: (a) a Force Majeure Event; (b) any consequence of a Client Event; (c) the time preceding Ready for Service (if relevant); (d) any event caused by the events giving rise to, or following suspension of the service in accordance with any Agreement; (e) reasonable levels of scheduled or emergency maintenance activity; (f) any event or fault that arises as a result of you failing to comply our policies or procedures, or to follow guidance on the proper use of hardware or software; (g) any event or fault that we can reasonably demonstrate is caused by a virus (or any similar malicious code) introduced, negligently or otherwise, by you or an End User onto your service; (h) any event or fault more widely affecting the Internet or connectivity procured from third parties (save that this will not apply to the calculation of any service level where we provide the connectivity); (i) events, faults or the absence of equipment, wiring, cabling software or other services which are not maintained by us or provided by us; (j) failure to comply with capacity management or procurement recommendations reasonably issued by us for the purpose of avoiding service impairment; (k) during any trial or proof of concept period; (l) when a Service can be accessed by reasonable alternative means; (m) loss of resilience, or of access to reporting or control panels does not count towards a loss of service; (n) services procured from third parties and not procured through Six Degrees; and (o) matters that arise as a result of limitations imposed by third parties and public cloud vendors, such as Microsoft Azure or Amazon AWS.

Exclusions and Assumptions. 8.1 7.1 The following times, events and instances are excluded from any calculation: (a) a Force Majeure Event; (b) any consequence of a Client Event; (c) the time preceding Ready for Service (if relevant); (d) any event caused by the events giving rise to, or following suspension of the service in accordance with any Agreement; (e) reasonable levels of scheduled or emergency maintenance activity; (f) any event or fault that arises as a result of you failing to comply our policies or procedures, or to follow guidance on the proper use of hardware or software; (g) any event or fault that we can reasonably demonstrate is caused by a virus (or any similar malicious code) introduced, negligently or otherwise, by you or an End User onto your service; (h) any event or fault more widely affecting the Internet or connectivity procured from third parties (save that this will not apply to the calculation of any service level where we provide the connectivity); (i) events, faults or the absence of equipment, wiring, cabling software or other services which are not maintained by us or provided by us; (j) failure to comply with capacity management or procurement recommendations reasonably issued by us for the purpose of avoiding service impairment; (k) during any trial or proof of concept period; (l) when a Service can be accessed by reasonable alternative means; (m) loss of resilience, or of access to reporting or control panels does not count towards a loss of service; (n) services procured from third parties and not procured through Six Degrees; and (o) matters that arise as a result of limitations imposed by third parties and public cloud vendors, such as Microsoft Azure or Amazon AWS.

Exclusions and Assumptions. 8.1 7.1 The following times, events and instances are excluded from any calculation: (a) a Force Majeure Event; (b) any consequence of a Client Event; (c) the time preceding Ready for Service (if relevant); (d) any event caused by the events giving rise to, or following suspension of the service in accordance with any Agreement; (e) reasonable levels of scheduled or emergency maintenance activity; (f) any event or fault that arises as a result of you failing to comply our policies or procedures, or to follow guidance on the proper use of hardware or software; (g) any event or fault that we can reasonably demonstrate is caused by a virus (or any similar malicious code) introduced, negligently or otherwise, by you or an End User onto your service; (h) any event or fault more widely affecting the Internet or connectivity procured from third parties (save that this will not apply to the calculation of any service level where we provide the connectivity); (i) events, faults or the absence of equipment, wiring, cabling software or other services which are not maintained by us or provided by us; (j) failure to comply with capacity management or procurement recommendations reasonably issued by us for the purpose of avoiding service impairment; (k) during any trial or proof of concept period; (l) when a Service can be accessed by reasonable alternative means; (m) loss of resilience, or of access to reporting or control panels does not count towards a loss of service; (n) services procured from third parties and not procured through Six Degrees; and; (o) matters that arise as a result of limitations imposed by third parties and public cloud vendors, such as Microsoft Azure or Amazon AWS.