Service Level Guidelines
Efforts to ensure the service is operative
Rickman shall use reasonable commercial efforts to ensure that the Service is Operative. In the event the Service becomes inoperative, Rickman will exert reasonable commercial efforts to restore the Service as quickly as possible, including utilizing other data centers available to Rickman if possible. Rickman has no responsibility for matters within your control which may impair your ability to access the Services, including without limitation (a) your hardware, network components and infrastructure; (b) any software running on your hardware (other than On-Premise Software); and (c) your connection to the Internet.
System and application program updates
As part of normal operations and in its sole discretion, Rickman will perform necessary upgrades, service pack implementations and fixes to both system and application programs as they become available.
Capitalized words shall have the meanings ascribed to them in the Subscription Agreement or otherwise set forth below.
3.1 “Emergency Downtime” means a cessation of your access to the Service caused by the execution of emergency maintenance on the Service for an urgent and unexpected condition. Notwithstanding the exercise of commercially reasonable precautions, “Emergency Downtime” may include without limitation preventing (a) the imminent loss of data, or (b) the introduction or reproduction of a virus, worm, or other malicious application. The hours associated with this “Emergency Downtime” shall not be counted as “Unscheduled Downtime” so long as they occur between the hours of 8:00 PM to 5:00 AM PST.
3.2 “Hours of Operation” means the total number of hours in any Month. For example, in a 31-day Month, Hours of Operation would be 744 (31 X 24).
3.3 “Month” means your billing cycle under the Subscription Agreement. The billing date of the Subscription Agreement is the first day of each calendar month, and each calendar month is considered a Month hereunder.
3.4 “Monthly Unscheduled Downtime” means the total number of hours of “Unscheduled Downtime” during any Month.
3.5 “Monthly Uptime” means the percentage calculated as 100% less the ratio (expressed as a percentage) of Monthly Unscheduled Downtime to Hours of Operation, rounded to the nearest one-tenth percent (0.1%). For example, if Monthly Unscheduled Downtime is 12 hours and Hours of Operation is 744 hours, Monthly Uptime would be 98.4% (100% – (12 / 744)).
3.6 “Operative” refers to the state of the Service when delivering services in accordance with these Service Level Guidelines, subject to Scheduled Downtime, Emergency Downtime, and Force Majeure.
3.7 “Scheduled Downtime” means a cessation of your access to the Service for reasonable purposes of changes or maintenance to operating systems or hardware platforms by Rickman or its agents. Rickman shall notify you of “Scheduled Downtime” not less than 7 days prior to the start of any “Scheduled Downtime”. The hours associated with “Scheduled Downtime” shall not be counted as “Unscheduled Downtime” so long as they occur between the hours of 8:00 PM to 5:00 AM PST.
3.8 “Unscheduled Downtime” means the hours of Downtime excluding “Emergency Downtime” and “Scheduled Downtime” executed during their prescribed time periods.