Target Availability Level of Vendor Application
Winmore works to meet a target Availability of 98%, measured across the production Vendor Applications, for the measurement period of one calendar month, commencing at Winmore’s activation of the Client’s instance of the Vendor Applications. “Availability” or “Available” means Client is able to log in and access the OLTP or transactional portion of the Vendor Applications.
Measurement of Vendor Application Availability
Availability = (Total Hours in Reporting Period – Unscheduled Maintenance which causes unavailability – Severity 1 issue durations (as defined in Product Support) - Scheduled Maintenance – Excluded*) / (Total Hours in Reporting Period – Scheduled Maintenance – Excluded*) X 100%.
There will be a weekly scheduled maintenance period every Saturday between 8:00 AM PST to 12:00 PM PST to perform system maintenance, backup, and upgrade functions for the Vendor Applications. The weekly scheduled maintenance period does not require the Vendor Applications to be offline; however, during the maintenance period, the Vendor Applications may have short periods of instability and may be offline for up to one hour. If scheduled maintenance is required outside of the weekly scheduled maintenance period described above, Winmore will notify Client at least three (3) days in advance. Such scheduled maintenance would occur between 11:00 PM ET and 1:00 AM PST on a planned weekday, after 9:00 PM PST on a Friday, or anytime on a Saturday.
Unscheduled maintenance may be required to resolve issues that are critical for Client and/or performance of the Vendor Applications. Winmore will notify Client via email at least eight (8) hours prior to the unscheduled maintenance. The unscheduled maintenance will be conducted between 9:00 PM ET and 3:00 AM ET and will last no more than one (1) hour in duration. All scheduled and unscheduled maintenance notifications are logged and communicated via the Winmore Trust Site discussion area in Client Central (Winmore’s online customer support portal).
(i) unavailability caused by circumstances beyond Winmore’s reasonable control, including, without limitation, acts of God, acts of government, emergencies, natural disasters, flood, fire, civil unrest, acts of terror, strikes or other labor problems (other than those involving Winmore employees), or any other force majeure event or factors;
(ii) any problems resulting from Client combining or merging the Vendor Application with any hardware or software not supplied by Winmore or not identified by Winmore in writing as compatible with the Vendor Application;
(iii) interruptions or delays in providing the service resulting from telecommunications or Internet service provider failures outside of Winmore’s datacenter;
(v) any interruption or unavailability resulting from Client’s use of the Vendor Application in an unauthorized or unlawful manner or any interruption resulting from the misuse, improper use, alteration, or damage of the Vendor Application;
(vi) any problems caused by modifications in any version of the Vendor Application not made or authorized by Winmore in writing; and
(vii) any problems resulting from Client’s or any third party’s acts, errors or omissions or any systems not provided by Winmore.