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<br />2 <br /> <br />www.viriciti.com <br />2. SERVICE AVAILABILITY <br />2.1 ViriCiti will take commercially reasonable measures in terms of redundancy, monitoring and <br />platform management to provide Uptime of the Service. <br />2.2 The Uptime shall be 99% outside of the Scheduled Maintenance and Emergency Maintenance <br />periods. <br />2.3 Uptime is calculated per calendar month. As follows: <br />i. The Uptime hours in a calendar month are all hours in that month less the hours there is no <br />Uptime and less the hours of Scheduled Maintenance and Emergency Maintenance. In <br />formula: Uptime hours = all hours - hours of Scheduled Maintenance – hours of Emergency <br />Maintenance - other downtime hours. <br />ii. The Uptime percentage in a calendar month are the Uptime hours in such month divided <br />by: all hours in such month less the period of Scheduled Maintenance and Emergency <br />Maintenance of that month, times 100%. In formula: Uptime / (all hours – Scheduled <br />maintenance – Emergency Maintenance)*100%. <br />2.4 Each contract year ViriCiti calculates the yearly Uptime which is found by the total of each of <br />the twelve monthly Uptime percentages divided by 12. In formula: [Uptime percentage first <br />month plus Uptime percentage second month plus …etc]/12]=yearly Uptime. <br />2.5 The following service credits shall apply if the yearly Uptime is less than 99%: <br />YEARLY UPTIME SERVICE CREDITS <br />between 99% and 97% 5%; <br />between 97% and 95% 10%; <br />less than 95% 15%; <br />2.6 Service credits specified in clause 2.5 hereof are a percentage of the yearly License fee and <br />will be credited to the next invoice issued to Client; if no such next invoice is to be issued to <br />Client, ViriCiti will reimburse the amount of the Service credits to Client. <br /> <br />3. INCIDENT MANAGEMENT <br />3.1 Client support in respect of the Service is provided during the Support window. <br />3.2 Client support shall be provided by adequately trained personnel. <br />3.3 ViriCiti shall provide Client support also through: <br /> Training against ViriCiti’s standard fees; <br /> Online documentation; <br /> Telephone / email communication. <br />3.4 ViriCiti has the right to deny support to Client when Client has payment arrears. <br />3.5 Incidents should be reported to ViriCiti in the manner ViriCiti shall communicate to Client.