Uptime Guarantee Clause Samples

Uptime Guarantee. In the event of Downtime (as defined below), the monthly fee payable for the Services shall be reduced as follows: 6.1.1 if the total Downtime in the calendar month is more than seven and seven and two-tenths (7.2) hours, but does not exceed fourteen and four-tenths (14.4) hours, the monthly fee for that month shall be reduced by one-third (33.3%); 6.1.2 If the total Downtime in the calendar month is more than fourteen and four-tenths (14.4) hours, but does not exceed twenty-one and six tenths (21.6) hours, the monthly fee for that month shall be reduced by two-thirds (66.6%); and 6.1.3 If the total Downtime in the calendar month is more than twenty-one and six-tenths (21.6) hours, the monthly fee for that month shall be waived. For the purposes of this Section, Downtime shall mean any interruption of one (1) minute or more in the availability to users of any Web site residing on the Hardware and made available through the Services, only if such interruption is due to either (i) failure by GlobalCenter to manage a server anomaly so as to avoid interruption in Web availability, or (ii) a disruption in the connection between any such server and the Internet. For purposes of this Section, the Internet is deemed to consist of services that commence where GlobalCenter transmits a Client's content to GlobalCenter's carrier(s) at the GlobalCenter border router port(s). Such carriers provide GlobalCenter with private and dedicated bandwidth. GlobalCenter undertakes no obligation for the circuit or link between GlobalCenter's facilities and such carrier's services. If router packet loss is excess of seventy percent (70%) and is sustained for sixty (60) seconds or more, GlobalCenter will classify this an "outage." If an "outage" continues for a time period of more than two (2) minutes, then such outage will be deemed Downtime.

Uptime Guarantee. If your shared or reseller server has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of Strat Hostess and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Web Server which may differ from the uptime reported by other individual services. To request a credit, please visit ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇/accounts/submitticket.php to create a support ticket to our Billing department with justification [within thirty (30) days of the end of the month for which you are requesting a credit]. Uptime guarantees only apply to shared and reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

Uptime Guarantee. 11.1 The Supplier guarantees the following minimum uptime on the Products:‌ (a) [Product] [98%] uptime per annum (b) Uptime is the opposite of downtime. Downtime exists when the Product: (i) cannot function in accordance with the Product specifications (as set out in this Agreement);or (ii) is receiving contracted preventive maintenance,- and to avoid doubt, unavailability of a Product (or spares) caused by damage/breakage by UoA personnel does not contribute to downtime. Unavailability of parts (awaiting delivery) contributes to downtime. (c) Downtime measurement begins, in the case of preventative maintenance Services, at the time that Staff begin contracted preventative maintenance Services, and in all other cases when UoA contacts the Supplier's service help desk to advise that the Product is not functioning in accordance with its specifications. If the Supplier’s service representative is denied immediate access to the Product, the time spent waiting for the Product will not qualify for downtime measurement. Such access may be either on site, or via remote telephone connection at the Supplier’s discretion. (d) The signature of the relevant UoA personnel on a service report will signify that the downtime condition no longer exists and will cease downtime measurement. If a signature cannot be obtained because of the hour at which the service call was completed, then the hour at which the service call was completed will be used as the end of the downtime episode provided that the downtime condition no longer exists when the Product is next utilised by UoA personnel. 11.2 Calculation of Uptime (a) Uptime Measurement Formula: (Base Hours – Downtime) = Uptime Hours (Uptime Hours / Base Hours) x 100 = Uptime Percentage 11.3 If the event that the uptime described below is not achieved for any Product covered by warranty during the Warranty Period, the Warranty Period for the relevant Product will be extended in accordance with the following table: Uptime Rebate Award Product 98% to 100% 95% to 97.9% 92% to 94.9% <92% None 2 weeks extension of warranty 3 weeks extension of warranty 4 weeks extension of warranty 11.4 In the event that the uptime specified in clause [11.1] above is not achieved for any Product in any rolling twelve (12) months period after the Warranty Period has expired, the price payable for preventative maintenance Services for that Product will be discounted in accordance with Table [004] below. The discount will be applied to the annual prev...

Uptime Guarantee. For Advantage Plus Service Plan, GeneXpert Infinity Systems will have an Uptime Percentage of at least 98 during each Measurement Period (“Uptime Guarantee”).

Uptime Guarantee. If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of MrHitech dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact us with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

Uptime Guarantee. The Equipment ordered herein shall be covered by an Uptime Guarantee of 95% for a minimum of 20 consecutive months during the warranty period. 10.1 UPTIME shall mean any time (24 hours/day,7days/week) that the Equipment is not down (downtime). 10.2 DOWNTIME- is any time the Equipment is not ready to run to the Specifications for any reason covered by the Warranty. 10.3 Downtime will be counted starting with a "machine down situation" call from HS WROCŁAW to Supplier and end when the Equipment is ready to run to Specification again at HS WROCŁAW. 10.4 If the Equipment does not meet the requirements of the Uptime Guarantee within the Warranty period per section 10.0, the warranty period shall be extended until the Uptime Guarantee is met. 10.5 In recognition of the importance of UPTIME the Supplier will use its due diligence to meet a 48 hour repair or replacement time for parts and service requests, mentioned in 9.2, and HS WROCŁAW agrees to use its best efforts to follow Supplier's recommended preventative maintenance regime.

Uptime Guarantee. Your Services may be eligible to the Exabytes Uptime Guarantee and may be eligible to Outage Event Credit in the form of a credit against future ▇▇▇▇ of amounts payable by You for the provision of the service subject to the Terms of Exabytes Uptime Guarantee Policy as published on Exabytes Website.

Uptime Guarantee. In the event of Downtime (as defined below), the monthly fee payable for the Services shall be reduced as follows: 6.1.1. if the total Downtime in the calendar month is more than seven and seven and two-tenths (7.2) hours, but does not exceed fourteen and four-tenths (14.4) hours, the monthly fee for that month shall be reduced by one-third (33.3%); 6.1.2. if the total Downtime in the calendar month is more than fourteen and four-tenths (14.4) hours, but does not exceed twenty-one and six tenths (21.6) hours, the monthly fee for that month shall be reduced by two-thirds (66.6%); and 6.1.3. If the total Downtime in the calendar month is more than twenty- one and six-tenths (21.6) hours, the monthly fee for that month shall be waived.

Uptime Guarantee a) Fastcom guarantees 99.99% uptime of The Customer’s servers, excluding scheduled outages. This equates to an allowed four (4) minutes per month of downtime as described in Clause 1.1. Network uptime shall be measured and reported by Fastcom’s host monitoring service. These reports will be available to the Customer on request. b) If downtime (excluding scheduled outages) reaches forty five (45) minutes in any given month, The Customer account shall be credited with 15% of the colocation hosting fee charged by Fastcom for that month, upon request by The Customer. The credit will not be applied to fees relating other provided services (i.e. non-colocation hosting fees). In the event of valid network downtime, and subsequent receipt of The Customer’s written request for credit, Fastcom will credit the required amount, calculated in accordance with this clause and Clause 1.2c in the month following the breach. c) For each additional thirty (30) minutes of downtime, The Customer account shall be credited with 10% of the colocation hosting fee charged by Fastcom for that month. The credit will not be applied to fees relating other provided services (i.e. non-colocation hosting fees). The total credit available shall be the amount relating to the colocation hosting fee on The Customer’s invoice for that month. d) If downtime (excluding scheduled maintenance downtime) exceeds four hundred and thirty-two (432) minutes in any month, The Customer shall have grounds to terminate the co-location agreement between The Customer and Fastcom immediately upon notice in writing to Fastcom. The Customer shall be liable for all charges up until the time of cancellation, calculated on a pro- rate basis notwithstanding any credits due as a result of clause 1.2 of this agreement. e) It is accepted by The Customer that packet delivery and latency conditions set out later in this document may not be met in conditions of fault. f) Fastcom will aim to notify planned/scheduled network outages to The Customer a minimum of 1 week in advance. Wherever possible, these schedule outages will be undertaken outside normal business hours in the early hours of the morning to minimise customer impact. Where Fastcom is managing The Customer’s hosted equipment, planned/scheduled server maintenance outages will be notified as per arrangements made with The Customer. In some instances emergency planned network outages are required. These types of outages will be only undertaken in instances where t...