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Page 5 of 17 <br /> 4.2 Any other work the Customer requests that is not covered by this agreement will be will be quoted <br /> and approved separately and then made a part of this agreement, pursuant to a written Statement of <br /> Work signed by both parties. <br /> PART 5—SERVICE LEVELS <br /> Linko will use commercially reasonable efforts to provide the Application in accordance with the following: <br /> 5.1 Precautions. Use of the following precautions to enhance uptime: <br /> (a) Fault-tolerant storage devices; <br /> (b) Daily full database backups; <br /> (c) 24/7 monitoring of server availability; <br /> (d) Maintenance and periodic testing of a disaster recovery plan including hardware spares <br /> and data recovery; <br /> (e) Minimized use of scheduled downtime periods and maintenance windows; and <br /> (f) Use of a high reliability co-location facility that meets SSAE 16 standards (formerly SAS <br /> 70) with a minimum 99.95% uninterrupted transit-to-the-internet guarantee, on-site <br /> emergency backup power; multiple Tier One upstream Internet backbone providers; <br /> Redundant internal network devices; 24/7 internal network monitoring. <br /> 5.2 Availability. Available 99.95% of each month, as defined below. <br /> (a) "Available" means the Linko servers for the Application are accessible from the Internet <br /> and the Application is open for use in accordance with this Agreement, except during the <br /> Weekly Maintenance Window and any Scheduled Downtime, and excluding any <br /> downtime caused by the failure of third party vendors, the Internet in general, the <br /> Customer or its equipment, disaster recovery activities, or any emergency or force <br /> majeure event. <br /> (b) "Scheduled Downtime" means scheduled downtime to perform maintenance, backup, <br /> and upgrade functions. Scheduled Downtime will not exceed 4 hours per calendar month <br /> and will be scheduled on the first Tuesday of every month between 6:00PM and 10:00PM <br /> PST. <br /> (c) "Unavailability" means the number of minutes by which the Application failed to meet the <br /> 99.95% availability target. For example, if the Application should have been Available for <br /> 6000 minutes in a month but was only available for 5595 minutes, then the Unavailability <br /> for that month would be 5 minutes. <br /> (d) "Weekly Maintenance Window" means the window during which time the Application <br /> may be unavailable to allow Linko to perform system maintenance, backup, and upgrade <br /> functions for the Service as follows: <br />