Cloud Availability

1. Overview

“Cloud Availability” refers to the percentage of time during each monthly billing cycle that the Services remain operational and accessible. For purposes of this policy, the “Services” include all virtual desktops, physical desktops, virtual servers, physical servers, backups, telephony services, and any collocated or hosted equipment provided through Advance2000 (“A2000”) data centers. A2000 will use commercially reasonable efforts to provide the Services with a Monthly Uptime Percentage of at least 99.9% during each monthly billing cycle (the “Service Commitment”). If A2000 fails to meet the Service Commitment, You will be eligible to receive a Service Credit.

2. Calculation of Monthly Uptime Percentage

The Monthly Uptime Percentage is calculated as: 100% – (total minutes of Service unavailability during the month ÷ total minutes in the month × 100). This excludes downtime described in Section 3.

3. Exclusions

The following are excluded from downtime calculations:

• Third-party failures including ISP outages or customer WAN failures.
• Force Majeure Events as defined in the Terms and Conditions Agreement.
• Scheduled maintenance (A2000 will use commercially reasonable efforts to provide notice).
• Suspension or termination of the Services per the Agreement.
• Customer-owned incompatible, unsupported, or misconfigured equipment.

4. Service Credits

Service Credits apply as follows:

 – Uptime < 99.9% and ≥ 99.0% (downtime > 44 minutes): 10% credit.

 – Uptime < 99.0% (downtime > 7 hours 18 minutes): 20% credit.

5. Application of Service Credits

Service Credits are applied to future invoices, may not be refunded or transferred, and constitute Your sole and exclusive remedy.