Grace Software, Inc.’s
Availability Guarantee is to have its network and leased servers
available 99.999% of the time, and, as set forth below, Grace
Software, Inc. will credit Customer’s account if Grace
Software, Inc. fails to meet this Availability Guarantee during
any calendar month. At Customer’s Request, Grace Software,
Inc. will calculate Customer’s “Network Unavailability”
in a calendar month.
“Network Unavailability” consists of the number
of minutes that the Grace Software, Inc. network or connection
to the Internet is unavailable. Network Unavailability does
not include unavailability resulting from:
|
Grace Software, Inc. network maintenance |
|
Any Customer-ordered telephone company circuits |
|
Customer’s applications, facilities, or equipment |
|
Acts or omissions of the Customer , or any use or
service authorized by the Customer |
|
Reasons of Force Majeure |
For each cumulative hour or fraction thereof
in any calendar month, Customer’s account shall be credited
for the pro-rated charges for one day of the Grace Software,
Inc. Monthly Fee with respect to which this Guarantee has
been met. |