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Business Plan Subscriber Uptime Service Level Terms

Schedule 1

Uptime Service Level Terms

1. DEFINITIONS

1.1 The following terms shall have the following meaning in this Uptime Service Level Terms. Any terms not defined in this Schedule 2 shall have the meaning given to them in the Terms & Conditions at Schedule 1.

‘Available Hours’ shall mean the hours during which Supplier’s support team are available and therefore mean 09:00-21:00 Monday to Friday, excluding U.K. Public and Bank holidays.

‘Service Unavailability’ shall mean the hours during the Available Hours when the Subscriber is unable to connect to the access point on Supplier’s hosting provider's backbone network unless any of the factors or events detailed in paragraph 2.2 applies.

‘Uptime Service Level’ shall be calculated as per paragraph 3.1.

‘Uptime Service Level Target’ shall have the meaning given to it in paragraph 2.1.

2. SERVICE AVAILABILITY

2.1 Supplier shall provide at least a 99.5% uptime service availability level (Uptime Service Level Target).

2.2 The Parties agree that the following shall be disregarded when calculating the hours of Service Unavailability:

  • Any unavailability resulting from the Subscriber’s own internet access issues;
  • Any planned maintenance events notified to the Subscriber in advance, Subscriber-caused or third party-caused outages or disruptions (except to the extent that such outages or disruptions are caused by those duly authorised third parties sub-contracted by Supplier to perform the Supplier Services); and/or
  • Any outages or disruptions attributable in whole or in part to Force Majeure Events.

3. AVAILABILITY MEASUREMENT

3.1 The Uptime Service Level is calculated on a monthly basis using the following formula expressed as a percentage:

(Available Hours during the period minus Service Unavailability during the period) x 100
(Available Hours)

4. SERVICE CREDITS

4.1 If the Uptime Service Level is below the Uptime Service Level Target in a given calendar month, Supplier shall credit the Subscriber's account by an amount calculated as follows:

(Uptime Service Level Target - Uptime Service Level) x the monthly Subscription Fees (pro-rated where applicable)

4.2 A Service Credit shall not be payable unless Subscriber requests it within 7 Business Days of the end of the calendar month to which the Service Credit relates. The maximum Service Credit allowable in a given month is limited to an amount equal to 20% of the total Subscription Fees paid by Subscriber for that month.

4.3 Subscriber acknowledges and agrees that the terms of this Schedule 10 relating to Service Credits constitute a genuine pre-estimate of the loss or damage that Subscriber would suffer as a result of Supplier’s failure to achieve the Uptime Service Level Target and are not intended to operate as a penalty for Supplier’s non-performance.

4.4 The payment of Service Credits represents Subscriber’s sole remedy in relation to a failure to achieve the Uptime Service Level Target.