Squiz's policies in respect of its Cloud Hosting Services regarding Uptime, Percentage Uptime, Downtime, Scheduled Maintenance and Critical Risk Mitigation.
Actual Percentage Uptime is calculated as being Uptime divided by the total number of minutes in the Period.
where the Percentage Uptime Guarantee is 99.9%:
- the Cloud Hosting Services provides full editing functionality and the website utilising the Cloud Hosting Services remains accessible by users.
where the Percentage Uptime Guarantee is 99.95%:
- the website utilising the Cloud Hosting Services remains accessible by users in respect of read-only content.
Commencement Date means the starting date for the provision of Cloud Hosting Services, as prescribed in your contractual agreement with Squiz.
Downtime means any time during the Period that is not Uptime.
Percentage Uptime Guarantee is as prescribed in your contractual agreement with Squiz.
Period means annually from Commencement Date or a future anniversary thereof.
Uptime means the total time (in minutes) that the Cloud Hosting Services are Available to the Customer per Period, excluding Downtime due to (i) Scheduled Maintenance or (ii) Critical Risk Mitigation. Uptime is monitored and determined by Squiz's cloud computing health monitoring system.
In the event that the Actual Percentage Uptime fails to meet the Percentage Uptime Guarantee in the specified Period, on request from the Customer, Squiz will grant to the Customer a percentage of the Cloud Hosting Fee for the Period as credit according to the following table depending on the Actual Percentage Uptime for that particular Period:
(i) where the Percentage Uptime Guarantee is 99.9%:
|Actual Percentage Uptime||Percentage of monthly Cloud Hosting Fee creditable to the Customer|
|100% to 99.9%||0%|
|99.8999% to 99.4%||5%|
|99.3999% to 98.9%||10%|
|98.8999% to 98.4%||15%|
|98.3999% or less||20%|
(ii) where the Percentage Uptime Guarantee is 99.95%:
Downtime of Cloud Hosting Services due to Scheduled Maintenance or Critical Risk Mitigation is not included in the calculation of the Uptime.
|Percentage Uptime||Percentage of monthly cost to be credited to the Customer|
|100% to 99.95%||0%|
|99.9499% to 99.45%||5%|
|99.4499% to 98.95%||10%|
|98.9499% to 98.45%||15%|
|98.4499% or less||20%|
The percentage of the Period value of the Cloud Hosting Fee that can be compensated to the Customer under this clause is capped at the maximum percentage shown in the relevant table above. Compensation will be issued to the Customer in the form of a credit note against the next invoice due to be raised in respect of Cloud Hosting Services.
Scheduled Maintenance and Critical Risk Mitigation
In performing its obligations under this MSA, Squiz will perform scheduled maintenance of the network infrastructure and Cloud Hosting Services.
In the event scheduled maintenance is likely to disrupt the Cloud Hosting Services and the Customer's use of the Cloud Hosting Services, then Squiz must provide at least 72 hours written notice to the Customer informing the Customer:
- Date and time of Scheduled Maintenance, and
- Estimated duration of Scheduled Maintenance.
Within the notification period, customers may request the rescheduling of Scheduled Maintenance by contacting Squiz. Squiz will use its best endeavours to accommodate the Customer's request to reschedule, however if that proves not possible, the Scheduled Maintenance will take place as originally planned. Squiz will use its best endeavours to minimise the amount of Downtime resulting from Scheduled Maintenance.
Critical Risk Mitigation
In the event Squiz becomes aware of a circumstance it deems a critical risk to the provision of its cloud services (including but not limited to critical security vulnerabilities, denial of service attacks (including distributed denial of service attacks) etc), Squiz may act to mitigate these risks, including disabling the cloud hosting services for some or all users, with minimal or no notification where it deems necessary. Squiz will provide notification to the Customer as soon as reasonably practicable following the actions taken by Squiz. Squiz will use its best endeavours to minimise the impacts of Critical Risk Mitigation.
The Customer acknowledges that Squiz will not be liable for any direct or indirect loss (including consequential losses) in relation to Critical Risk Mitigation.