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2.1 Scope and Terms. All services shall be considered separately. Non-recurring charges for items and services such as transit overages are excluded. For the purposes of downtime calculation the calendar month is the period from the 1st of the month to the last day of the month in which the fault occurred.
2.2 Agreement. Chattanooga Online will provide a service to the levels outlined below on the services directly controlled by itself, unless its failure is due to reasons of Force Majeure or other circumstances beyond its reasonable control.
2.3 Aim. The Supplier’s aim is to maintain 100% service availability. The services provided by us will meet or exceed the standards laid out below; this does not cover effects that may arise from the Customers equipment being inadequate, faulty, or improperly configured. When the Supplier fails to maintain the criteria in 2.4, and 2.5 below, credits will be made in accordance with following sections of this document. This excludes scheduled maintenance time, and other exceptional network conditions.
2.4 Packet Loss. Less than 0.3% packet loss, for packets of 1500 bytes, that do not exceed the limitations of the Customers connection.
2.5 Uptime. 99.9% Uptime, the service shall be available and functional within the parameters laid out below and subject to the caveats below for at least 99.9% of time during the calendar month. For any downtime over this in a calendar month the Customers account will be credited a free days service for every day or part day that the cumulative elapsed downtime during the month amounts to in excess of that permitted by the above uptime commitment. This is subject to it not being scheduled maintenance, 2.6 below.
2.6 Scheduled Maintenance. Scheduled Maintenance shall mean any maintenance to the Supplier’s equipment to which a Customer is connected, or which may affect the Customers service, of which the Customer is notified forty-eight (48) hours in advance, and that is performed during a period of not more than four (4) hours, attempts will be made to perform at non-peak services times. Notification will be provided on the website or customer portal, or if the Customer specifies the Customer can instead be contacted by e-mail. Details will also normally be made available on the Supplier’s website or customer portal with more than 48 hours notice. Scheduled maintenance shall not count against the 99.9% uptime.
2.7 Fault Notification. Notwithstanding any provision to the contrary in this SLA, the following do not constitute Failures: (1) downtime during scheduled maintenance or Emergency Maintenance (as defined below) periods; (2) outages caused by acts or omissions of Customer, including its applications, equipment, or facilities, or by any use or user of the Service authorized by Customer; (3) outages caused by hackers, sabotage, viruses, worms, or other third party wrongful actions; (4) DNS issues outside of Chattanooga Online's control; (5) outages resulting from Internet anomalies outside of Chattanooga Online’s control; and (6) outages resulting from fires, explosions, or force majeure. “Emergency Maintenance” refers to any corrective action intended to remedy conditions likely to cause severe Service degradation, as designated by Chattanooga Online in its sole discretion. Emergency Maintenance may include but is not limited to actions intended to address hardware or software failures or viruses/worms. As provided in 2.6 of the Agreement, Chattanooga Online will exercise reasonable efforts to inform Customer in advance before interrupting the Service for Emergency Maintenance, but such notice is not guaranteed and failure thereof does not constitute Failure. For any downtime over the uptime commitment (2.5 above) in a calendar month the Customers account will be credited a free days service for every day or part day that the cumulative elapsed downtime during the month amounts to in excess of that permitted by the above uptime commitment. The Customer may obtain no more than one days credit per day or par thereof of cumulative downtime, irrespective of how long for and often during the day the Supplier failed to meet its service agreement. Credits granted in by 2.7 may only be granted subject to credits for the fault not already having been granted due to 2.5 above. Once the Supplier is notified of the fault, the Supplier will be granted 28 days to remedy the situation.
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