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If over this period a 99%availability is not maintained,on written request the Client will be refunded the Monthly Support <br /> Fees levied for the previous calendar month,as detailed in the Service Agreement Schedule,or an equivalent pro rata refund <br /> if[licenses]have been paid annually in advance. <br /> 6.0 Scheduled Maintenance <br /> To maximize optimal performance of the servers,TNS performs routine maintenance on the servers on a regular basis requiring <br /> servers to be temporarily taken offline. <br /> TNS reserves four hours of server unavailability per month for maintenance purposes. This server unavailability will not be <br /> included in Service Availability calculations. <br /> The maintenance is typically performed during off-peak hours,and TNS will provide advance notice of maintenance whenever <br /> possible. <br /> 7.0 Consulting <br /> New work or modifications to existing Services can be commissioned by the Client contacting TNS with a detailed <br /> description of the objectives and requirements. <br /> Where possible,TNS will work with all stakeholders to design and plan a viable solution,the costing of which will be <br /> presented to the Client as either a quote or a proposal. <br /> 8.0 Exclusions <br /> The following exclusions shall apply when measuring any aspect of the Service Availability: <br /> a. Denial of service attacks or other types of attacks directed toward the infrastructure that supports the Services resulting <br /> in or contributing to downtime. <br /> b. Any type of outage or service degradation relating to unavailability of a financial institution including but not limited <br /> to issuers and/or acquirers or any other third party switch or processing system. <br /> c. Any issues limited solely to the Client that cannot be proven against any other Client. <br /> d. Any failure or service outage that falls outside of TNS's reasonable control. <br /> e. Any act or omission of TNS in compliance with this Agreement,any law or any direction from a regulator or other <br /> government agency. <br /> f. Any act or omission of the Client which impacts Service Availability. <br /> 23 <br />