Inline Data Systems shall make the functionality of the Hosted Licensed Property available to Customer pursuant to this Agreement and shall use commercially reasonable efforts to make the SaaS Services available at the gateway between the public internet and the network of the Cloud Services Provider, except for: (i) scheduled Downtime (of which Inline Data Systems shall, to the extent practicable, schedule so as not to adversely affect Customer’s business); (ii) events beyond the reasonable control of IDS; (iii) Customer technology issues; and (iv) as set forth in the Agreement and herein.
Inline Data Systems warrants that the Hosted Licensed Property shall have an uptime of not less than 95% per month (resulting in a Downtime of not more than 36 hours 13 minutes per month) (the “SLA”).
Inline Data Systems will make all reasonable efforts and assurances that this SLA will hold true, not withstanding ransomware attacks and/or natural disasters out of Inline’s control.
As stated above, ransomware attacks are not included in this service level agreement. There will be a seven day recovery time (if the recovery time is any longer, Customer may terminate the order early and receive a refund of any prepaid and unused fees as its exclusive remedy and IDS’ sole liability for such outage).
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