Service Availability Exceptions Clause Samples

Service Availability Exceptions. Down time of the Service owing to any of the following events will not be included in calculating Availability (collectively, “Exceptions”): i. Customer's or any of its Users' failure to meet any minimum hardware or software requirements set forth in any specifications or Documentation provided by the Company; ii. a lack of network availability between Customer and the Company’s hosting servers or other network traffic problems, as network availability can involve numerous third parties and is beyond the control of the Company;
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Service Availability Exceptions. For purposes of calculating the Availability Requirement, the following are "Exceptions" to the Availability Requirement, and neither the SaaS Services will be considered un-Available nor any Service Level Failure be deemed to occur in connection with any failure to meet the Availability Requirement or impaired ability of Client or its Authorized Users to access or use the SaaS Services that is due, in whole or in part, to any: (a) Scheduled Downtime; (b) SaaS Services downtime or degradation due to a Force Majeure Event; (c) an act or omission by Client to use of the SaaS Services, or using Access Credentials, that does not strictly comply with this Agreement and the QuesTek Materials; (d) Client’s internet connectivity; (e) failure, interruption, outage or other problem with any software, hardware, system, network, facility or other matter not supplied by QuesTek pursuant to this Agreement; This should include issues/interruptions caused by any changes from resources managed by QuesTek’s subcontractors, not by QuesTek directly. (f) any other circumstances beyond QuesTek’s reasonable control, including the Authorized User’s use of Third Party Materials, misuse of the SaaS Services, or use of the SaaS Services other than in compliance with the express terms of this Agreement and the QuesTek Materials; and (g) any suspension or termination of the Authorized User’s access to or use of the SaaS Services as permitted by this Agreement.
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Related to Service Availability Exceptions

  • Service Availability You understand that Service availability is at all times conditioned upon the corresponding operation and availability of the communication systems used in communicating your instructions and requests to the Credit Union. We will not be liable or have any responsibility of any kind for any loss or damage thereby incurred by you in the event of any failure or interruption of such communication systems or services resulting from the act or omission of any third party, or from any other cause not reasonably within the control of the Credit Union.