2. Definitions

2.1. In this SLA, a reference to:

“Availability Rate” is defined as follows:-
  • Availability Rate (%) = ((Monthly Total Time(min) minus Monthly Downtime(min) )) / Monthly Total time(min)) x100
  • “Monthly Total Time(min)” means 720 hours per calendar month, irrespective of the number of days in any calendar month.
  • “Monthly Downtime(min)” means the Unavailable time of the Service in a month excluding the downtime of the Service subject to Section 3.4.
“Emergency Maintenance” means any maintenance or repair works which Company needs to carry out on any network or equipment used to provide the Service (in which case Company will use its reasonable endeavours to give prior notice to Customer).
“End User” means any person or entity that uses the Services through Customer, or accesses the Services provided to Customer.
“Maintenance” means Scheduled Maintenance and Emergency Maintenance.
“Scheduled Maintenance” means the maintenance performed (i) no more than once in a calendar month between the hours of 01:00 – 04:00 am, local time of the relevant Data Center; or (ii) when Company notifies Customer at least fourteen (14) Business Days in advance, unless agreed otherwise in writing by the Parties.
“Service(s)” means Enterprise Cloud Services 1.0 which is an enterprise grade infrastructure as a service provided by Company via the Internet to Customer. The platform is orchestrated via software, and is comprised of servers, storage and network elements coupled with virtualization technology and operating system software.
“Service Charges” mean variable usage charges and fixed monthly charges for Service Menus described in Section 3.1.3.
“Service Credits” mean the percentage reimbursement which Company will provide to Customer in the event Company fails to meet the Availability Rate.
“Service Level(s)” means those service level(s) of the Service set forth in Section 3.1.
“Solution Monitors” means the monitoring hardware and software used by Company to monitor and measure the provision of Services.
  • “Unavailable” and “Unavailability” mean a failure of the Service identified by one or more Solution Monitors.