Common use of Systems Availability Clause in Contracts

Systems Availability. Applies to those systems provided by Q2 for access by Customer. System Availability is the ratio of minutes those production systems are available (excluding regularly scheduled maintenance) in a calendar month to the total number of minutes in that calendar month. Problems or outages associated with systems or providers outside of Q2’s control, such as, but not limited to, ISPs, or from 3rd party application integration (e.g., check image retrieval, ▇▇▇▇ payment, statement image retrieval, check ordering, core processing) are not included in this service component. Q2 shall not be liable to Customer to the extent that a breach by Customer of its obligations under this Agreement results in Q2’s failure to perform the Services in accordance with this SLA. Performance Objective: ******% availability in a calendar month. Penalty: ***% of monthly subscription fees for Q2 Services per ***% below the performance objective for the impacted month. Monthly reporting on Systems Availability is available at customer portal. In the event that there are ****** or more months in a ****** month period which the Monthly System Availability rate falls below ***%, in addition to the aforesaid performance credits as applicable, Customer shall have the right to terminate the Q2 Services upon providing Q2 with ****** days prior written notice. In the event of a termination by Customer under this provision, neither party shall owe the other any further obligation, liability or debt under this Agreement, except for the return or refund of any unearned deposit and except for any obligations under Sections 8 through 13 which shall survive termination.