The minimum availability
The minimum availability of the Service in any given month, and the credits for failure to meet such availability (excluding the Exclusions set forth below) are as follows:
|99.95 – 99.90%||10% of monthly fee|
|99.90 – 99.50%||20% of monthly fee|
|Less than 99.50%||50% of monthly fee|
Maximum amount of the credit is 100% of the fee for such month.
The Service’s availability metric is measured using PortaOne’s monitoring software. This monitoring software will run from a minimum of three global locations with staggered timing. On a monthly basis, the Service’s availability metric will be measured using the measurable 5-minute increments in the month (total measurable 5-minute increments minus Exclusions (defined below) as the denominator. The numerator is the denominator value minus the time of any outages in the month (duration of all outages combined minus Exclusions) to give the percentage of available uptime. An “outage” is defined as two consecutive monitor failures on all monitoring locations simultaneously within a five-minute period, lasting until the condition has cleared.
The Service’s availability metric shall not apply to performance issues caused by the following:
- overall Internet congestion, slowdown, or unavailability;
- unavailability of generic Internet services (e.g. DNS servers) due to virus or hacker attacks;
- force majeure events as described in the terms of agreement;
- actions or inactions of Customer (unless undertaken at the express direction of PortaOne) or third parties beyond the control of PortaOne;
- a result of Customer equipment or third-party computer hardware, software, or network infrastructure not within the sole control of PortaOne;
- scheduled Service infrastructure maintenance; and
- upgrades and patches made to the Service that occur approximately four times per year may require downtime in addition to the scheduled maintenance. This downtime will be scheduled in advance and coordinated with Customer.