Exclusions from Uptime Percentage Clause Samples

The "Exclusions from Uptime Percentage" clause defines specific circumstances or events that are not counted against a service provider's uptime calculation. Typically, this clause lists situations such as scheduled maintenance, force majeure events, or customer-caused outages that are excluded when determining whether the provider has met its uptime commitments. By clearly outlining these exclusions, the clause ensures that the service provider is not unfairly penalized for downtime outside of their control, thereby allocating risk appropriately and providing transparency for both parties.
Exclusions from Uptime Percentage. Notwithstanding anything to the contrary in this exhibit, any Unavailability issues resulting from or connected to any Permitted Downtime will be excluded from calculation of the Uptime Percentage. Customer may elect to use certain billable Qubit professional services to resolve issues associated with the excluded areas listed in this subsection. Such services may require Customer to complete a network assessment, and/or give Qubit access to Customer’s network, in order to diagnose the issue.
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Exclusions from Uptime Percentage. All Service Unavailability resulting from the following will be excluded from calculation of Uptime Percentage: (a) Regularly-scheduled maintenance of the Service that does not exceed six (6) hours per 3-month period and is communicated by Lexipol at least twenty-four (24) hours in advance via Lexipol’s support channels (Lexipol typically schedules such regularly scheduled maintenance once per month); (b) Any failures of the Lexipol Standard and Custom Reporting Services that does not exceed six (6) hours per 3-month period and is communicated by Lexipol at least twenty-four (24) hours in advance via Lexipol’s Normal Support Channels; (c) Any issues with a third-party service to which Agency subscribes but does not control; (d) Any problems not caused by Lexipol that result from, computing or networking hardware, other equipment or software under Agency’s control, the Internet, or other issues with electronic communications; (e) Lexipol’s suspension or termination of the Service in accordance with the Terms; (f) Exceeding Lexipol’s published Concurrent Request Limits; (g) Software that has been subject to unauthorized modification by Agency; (h) Negligent or intentional misuse of the Service by Agency.
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Exclusions from Uptime Percentage. Notwithstanding anything to the contrary in this Exhibit, any Service Unavailability issues resulting from any of the following will be excluded from calculation of Uptime Percentage: ● Any period of unavailability lasting less than 15 minutes. ● Regularly scheduled maintenance of the Service that does not exceed six hours per three-month period and is communicated by PV at least eight hours in advance via PV’s Normal Support Channels. (PV typically schedules such regularly scheduled maintenance once per month). ● Any failures of the PV Standard and Custom Reporting Services. ● Any issues with a third party service to which Customer subscribes (e.g. a payment gateway). ● Any problems not caused by PV that result from (i) computing or networking hardware, (ii) other equipment or software under Customer’s control, (iii) the Internet, or (iv) other issues with electronic communications. ● Any unavailability caused by a Force Majeure Event. ● PV’s suspension or termination of the Service in accordance with the Agreement and/or its associated Order Form. ● Exceeding PV’s published Concurrent Request Limits. ● Software that has been subject to unauthorized modification by Customer. ● Negligent or intentional misuse of the Service by Customer. ● “Beta” or “limited availability” products, features and functions identified as such by PV. Customer may elect to use certain billable PV Professional Services to resolve issues associated with the excluded areas listed in this subsection. Such Professional Services may require Customer to complete a network assessment, and/or give PV access to Customer’s network, in order to diagnose the issue. ● Service Credits/Termination If PV fails to meet 98% general availability of the Service for a calendar quarter, and this downtime significantly affected Customer’s ability to use the System, Customer shall have the following options: Customer may receive credit for one half day of its PVS’ subscription, in that quarter, for each two hours of general Service unavailability below 98%; or may terminate the Service. Any such credit shall be applied to Customer’s next invoice (or refunded if there are no forthcoming invoices).If elected, the credits specified in this section shall be the sole remedy available to Customer for breach. ● Service Credit Process or Termination To file a claim under this Exhibit, Customer must send an email to ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ with the following details: ● Billing information, including company na...
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Exclusions from Uptime Percentage. Notwithstanding anything to the contrary in this exhibit, any Unavailability issues resulting from or connected to any Permitted Downtime will be excluded from calculation of the Uptime Percentage. Customer may elect to use certain billable Comfolks professional services to resolve issues associated with the excluded areas listed in this subsection. Such services may require Customer to complete a network assessment, and/or give Comfolks access to Customer’s network, in order to diagnose the issue.
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Exclusions from Uptime Percentage. Notwithstanding anything to the contrary in this Exhibit, any Service unavailability issues resulting from any of the following will be excluded from calculation of Uptime Percentage: ● Any period of unavailability lasting less than 15 minutes. ● Regularly scheduled maintenance of the Service that does not exceed six hours per three-month period and is communicated by PV at least eight hours in advance via PV’s Normal Support Channels (PV typically schedules such regularly scheduled maintenance once per month). ● Any failures of the PV Standard and Custom Reporting Services. ● Any issues with a third-party service to which Customer subscribes (e.g. a payment gateway). ● Any problems not caused by PV that result from (i) computing or networking hardware, (ii) other equipment or software under Customer’s control, (iii) the Internet, or (iv) other issues with electronic communications. ● Any unavailability caused by a Force Majeure Event. ● PV’s suspension or termination of the Service in accordance with the Agreement and/or its associated Order Form. ● Exceeding PV’s published Concurrent Request Limits. ● Software that has been subject to unauthorized modification by Customer. ● Negligent or intentional misuse of the Service by Customer. ● “Beta” or “limited availability” products, features and functions identified as such by PV. Customer may elect to use certain billable PV Professional Services to resolve issues associated with the excluded areas listed in this Section 5. Such Professional Services may require Customer to complete a network assessment, and/or give PV access to Customer’s network, in order to diagnose the issue.
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