AVEVA Hosting Product Schedule
This Hosting Product Schedule (the "Hosting Product Schedule") supplements and is hereby incorporated into and made a part of those certain GTCs by and between AVEVA and Customer, to which this Hosting Product Schedule is included. Capitalized terms used in this Hosting Product Schedule without definition shall have the same meanings ascribed to them in the GTCs.
1.1. "Available Minutes" means the total number of minutes during a calendar month.
1.2. "Downtime" means the total number of minutes during a calendar month that the Hosting Services are unavailable to Customer when such unavailability is solely caused by Hosting Services errors or other factors within AVEVA's reasonable control. Downtime does not include Emergency Downtime, Scheduled Downtime, and General Unavailability.
1.3. "Emergency Downtime" means those times when AVEVA or a third party becomes aware of a security or other vulnerability that AVEVA deems to require prompt remediation and, as a result, the Hosting Services are temporarily made unavailable in order for AVEVA to remediate the security or other vulnerability.
1.4. "General Unavailability" means network outages, infrastructure outages, unavailability caused by a third party or Customer's hardware or software or unavailability caused by the acts or omissions of Customer or its employees, subcontractors, or agents, including events outside of AVEVA's direct control, such as downtime as a result of the failure or lack of availability of third-party cloud services upon which the Hosting Services depend.
1.5. "Scheduled Downtime" means the period of time when the Hosting Services are unavailable because of network, hardware or maintenance or upgrades.
1.6. "SLA Uptime Commitment" has the meaning set forth In Section 3.
1.7. "Uptime" means the time period during a calendar month in which the Hosting Services are available for Customer's use. In order to determine if AVEVA met the SLA Uptime Commitment for a calendar month, the Uptime percentage will be calculated as follows: (Available Minutes – Downtime) / Available Minutes * 100
2.1. This Hosting Product Schedule governs the use of the Hosting Services identified on the Transaction Document and applies to production environments only.
3. SERVICE LEVELS
3.1. During the TD Term, the Uptime for Hosting Services will be 99% (the "SLA Uptime Commitment").
4. MAINTENANCE SCHEDULES
4.1. AVEVA shall usually commercially reasonable efforts to provide Customer with notice of Scheduled Downtime and Emergency Downtime as set forth below.
AVEVA will endeavor to provide as much prior notice of any service-affecting Emergency Downtime as is reasonably practicable under the circumstances.