Common use of TouchPoint Responsibilities Clause in Contracts

TouchPoint Responsibilities. TouchPoint shall: (a) in addition to its confidentiality obligations under Section 6.2 and 6.3, not use, edit or disclose the Client Data; (b) use commercially reasonable efforts to maintain the security and integrity of the Service; (c) ensure that the Service performs in substantial accordance with the TouchPoint support documentation; (d) work diligently to resolve any errors or issues with the Service that are reported in writing to TouchPoint’s support team; and (e) use commercially reasonable efforts to make the Service available 24/7 (24 hours a day, 7 days a week), except for (i) planned down time, which shall be any period for which TouchPoint gives 4 hours or more notice that the Service will be unavailable or (ii) down time caused by circumstances beyond TouchPoint’s reasonable control, including without limitation, acts of God, acts of government, war, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, telecommunications network or electrical failures, delays involving hardware or software not within TouchPoint’s possession or control or Client network intrusions or denial of service attacks.