Mitel will use commercially reasonable efforts to avoid and to remedy situations in which the Mitel OfficeLink mobile application service (the “OfficeLink Service”), as reported by Customer to Mitel in status.mitel.io, falls below the service levels described herein.
i. “Permitted Downtime” means any time during a calendar month in which Customer is not able to receive inbound calls for the following reasons: (a) a scheduled daily maintenance period that occurs between the hours of 2:00 am to 6:00 a.m. Eastern Time; (b) any maintenance outside the daily scheduled maintenance for which Mitel shall endeavour to provide notice to Customer at least 24 hours in advanced via status.mitel.io ; (c) an emergency maintenance period in which Mitel is required to provide maintenance as a result of conditions beyond Mitel's control, including, without limitation, a Force Majeure Event (as hereinafter defined) or otherwise, which maintenance is required to be performed on an emergency basis to maintain Total Scheduled Availability; (d) software or hardware not provided, controlled or authorized by Mitel; (e) Force Majeure Events; (f) negligent or willful acts of Customer or its users; and (g) Customer’s failure to implement commercially reasonable changes in equipment or software recommended by Mitel as essential to maintain service levels.
ii. “Downtime” means any time during a calendar month in which Customer is not able to receive inbound calls for thirty (30) continuous minutes or longer due to the OfficeLink Service for any reason other than a Permitted Downtime.
iii. “Force Majeure Events” means any event or condition that directly or indirectly prevents Mitel from performing the Services hereunder, is beyond the reasonable control of Mitel, and could not, by the exercise of due diligence, have been avoided in whole or in part by Mitel, and shall include, subject to the foregoing and without limitation: any act of God, natural disaster, earthquake, war, riot, civil war, blockade, insurrection, cyber‐attack (hacking and DDOS), acts of public enemies, civil disturbances or general restraint or arrest of government and people, boycott, strike (including a general strike), service interruption by a telecommunications services provider, or connectivity delays with internet providers outside of Mitel's reasonable control.
iv. “Total Scheduled Availability” means 7 days a week, 24 hours a day in a calendar month, in minutes.
v. “Actual Uptime” means Total Scheduled Availability minus Downtime, in minutes.
vi. “Actual Uptime Percentage” means the Actual Uptime divided by the Total Scheduled Availability multiplied by 100 (Actual Uptime/Total Scheduled Availability X 100).
|Actual Uptime Percentage||Service Credit Percentage|
|99.50% to 99.98% (inclusive)||5% credit|
|99.00% to 99.49% (inclusive)||10% credit|
|< 99.00%||15% credit|