Definitions
1. Definitions
● Force Majeure
means any act, event, or occurrence beyond Northlyte's reasonable control, including, without limitation:
- Issues arising from bugs or other problems in the software, firmware, or hardware of Northlyte's suppliers
- Widespread internet outages or issues with upstream providers or network carriers
- Acts of God, fires, floods, storms, landslides, epidemics, lightning, earthquakes, drought, blight, famine, pandemic, quarantine, blockade
- Governmental acts or inaction, orders or injunctions, war, insurrection or civil strife, sabotage, explosions, labor strikes, work stoppages, and acts of terror
● Normal Business Hours
9 a.m. to 5 p.m. Gulf Standard Time (GST), Monday through Friday, excluding public holidays.
● Total Monthly Time (TMT)
The total minutes in the relevant calendar quarter less Scheduled Downtime.
● Scheduled Downtime
Unavailability of the Service due to ordinary maintenance communicated to the Customer - at least forty-eight (48) hours prior - to such unavailability.
If such maintenance or unavailability exceeds - two hours in any calendar week - or - six hours in any calendar month -, the excess will be considered Unscheduled Downtime.
● Unscheduled Downtime (UDT)
The total amount of time during any calendar quarter (measured in minutes) during which the Customer is not able to access the features and functions of the Service, excluding unavailability resulting from:
- Non-compliance by Customer with any provision of the Terms or this SLA
- Incompatibility of Customer's equipment or software with the Service
- Acts or omissions of Customer or Customer's employees, agents, contractors, or vendors, or anyone accessing the Service via Customer's passwords or equipment
- Network unavailability or Customer's bandwidth limitations
- Unavailability of a software integration due to circumstances beyond Northlyte's reasonable control
- Force Majeure
- Scheduled Downtime
● System Availability
With respect to any particular calendar month, System Availability is the ratio obtained by subtracting Unscheduled Downtime (UDT) from Total Monthly Time (TMT), then dividing by TMT.
Calculation Formula:
System Availability = (TMT - UDT) / TMT