Service Availability. DoSelect will use commercially reasonable efforts to maintain the availability of the Services to Customer as follows:
|Monthly Availability ( The availability percentage does not include interruptions due to Scheduled Downtime or Force Majeure.)||99.95%|
10:00 pm – 11:00 pm Indian Standard Time weekly on Thursdays, or as DoSelect otherwise notifies Customer no less than twenty-four (24) hours in advance.
Unplanned Outages (other than for system emergency)
Maximum 40 minutes over a reference period of 1 month, excluding Force Majeure.
|Unplanned Outages for system emergency||Maximum 2 hours over a reference period of 1 month, excluding Force Majeure. DoSelect will promptly notify Customer of any Unplanned Outage (whether or not for system emergency), including a description of the Unplanned Outage and the expected or estimated time until normal operations will resume|
|Frequency of back-ups of candidate data and configuration data||One incremental back-up per day until 30 days after the end of an active event. All the data is retained for a year|
|Target median time for resolution of incidents Calculated as from opening until closing of a case.||< 4 hours for 90% of cases|
|Customer Reporting. Customer shall report any unscheduled system downtime and any error, bug, or defect in the Services to the maintenance email [email protected] immediately upon becoming aware or receiving notice of such system downtime, error, bug, or defect.|
|Exclusions. DoSelect shall have no liability for lack of availability due to: (1) outages caused by the failure of public network or communications components, (2) user errors, or (3) unauthorized use or misuse by Customer or anyone using any of the Customer passwords, provided that Customer has taken industry standard steps to protect the Services from unauthorized access, intrusion, and disruption.|
|Email Support. DoSelect shall provide Customer email support which shall be available Monday through Friday, 9:00 a.m. to 8:00 p.m. Indian Standard time, excluding holidays.|
|Disaster recovery. DoSelect will use commercially reasonable efforts to maintain the availability of service in the event of an unplanned outage. DoSelect maintains full backups of all the critical databases, and employs automated failover methods for all the critical services.|
|Sole Remedies for Failure to Meet the Service Availability Commitment. For each calendar month in which DoSelect has uptime of:|
|i. less than 99.5% but above 95%, DoSelect shall upon Customer’s request made within thirty (30) days of the end of the calendar month, provide Customer with a written plan for improving DoSelect's Service Availability to attain the 99.5% Service Availability and DoSelect shall promptly implement such plan;|
|ii. between 95% and 90%, DoSelect shall, upon Customer’s request made within thirty (30) days of the end of that calendar month, provide Customer with a service credit in an amount equal to one half of one month of service and the action plan under subpart (a) above; or|
|iii. less than 90%, DoSelect shall, upon Customer’s request made within thirty (30) days of the end of that calendar month, provide Customer with a service credit in an amount equal to one month of service and the action plan under subpart (a) above. Customer may also terminate this Agreement upon thirty (30) days’ written notice (which notice must be given within sixty (60) days of the end of the calendar month in which the Service Availability was less than 90%)|
Customer shall not exercise the rights in this Section 2 without a reasonable basis or belief that the applicable Service Availability commitment was not satisfied. If Customer believes that DoSelect has failed to achieve its Service Availability commitment in any given month, DoSelect shall, promptly following Customer’s request, provide a report that contains true and correct information detailing DoSelect’s actual Service Availability performance.
THIS SECTION 2 SETS FORTH CUSTOMER’S SOLE AND EXCLUSIVE REMEDY, AND DoSelect’S ENTIRE LIABILITY, FOR ANY FAILURE TO MEET THE SERVICE AVAILABILITY COMMITMENT AND/OR ANY OTHER TERMS AND CONDITIONS OF THE SERVICE LEVEL AGREEMENT SET FORTH IN THIS EXHIBIT.