Cloud Availability

1. Overview

“Cloud Availability” refers to the percentage of time during each monthly billing cycle that the Services are operational and accessible. For purposes of this policy, “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 maintain 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 may be eligible to receive a Service Credit as set forth below.

2. Monthly Uptime Calculation

The Monthly Uptime Percentage is calculated as:

100% – (Total minutes of Service unavailability during the month ÷ Total minutes in the month × 100)

Downtime excludes any events described in Section 3 (Exclusions).

3. Exclusions

The following shall not be considered Service unavailability:

• Failures caused by third-party providers, including ISP outages or customer WAN issues
• Force Majeure Events as defined in the Agreement
• Scheduled maintenance (with commercially reasonable notice)
• Suspension or termination of Services in accordance with the Agreement
• Issues arising from customer-owned, unsupported, incompatible, or misconfigured systems

4. Service Credits

If A2000 fails to meet the Service Commitment, the following Service Credits shall apply:

• Uptime < 99.9% and ≥ 99.0% (downtime > 44 minutes): 10% of the applicable monthly Service fees
• Uptime < 99.0% (downtime > 7 hours 18 minutes): 20% of the applicable monthly Service fees

5. Credit Application and Limitation

Service Credits:

• Are applied to future invoices only
• Are non-refundable and non-transferable
• Must be requested within a reasonable period following the applicable billing cycle

Service Credits constitute Your sole and exclusive remedy for any failure to meet the Service Commitment.