Common use of Uptime Guarantee Clause in Contracts

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 the integrity of any part of the Fastcom network is under threat – they will be undertaken with as much notice as possible provided to The Customer at a time that will cause the least possible amount of customer impact in the given situation. Where Fastcom is managing The Customer’s server, emergency planned server outages may be required from time to time. These types of planned outages will be only undertaken in instances where The Customer’s hosting environment is threatened (e.g. an external attack resulting from a non-notified OS vulnerability) and will be undertaken with as much notice as possible provided to The Customer at a time that will cause the least possible amount of customer impact in the given situation.