Hosting Services Schedule
- In consideration for payment of the Charges, Function28 shall supply the Hosting Services.
- Function28 shall use its best commercial endeavours to ensure that the Availability Target is met during each month of the Term or Subsequent Term.
- The Hosting Service shall commence upon the signature of the Estimate and shall continue for the Term.
- Upon expiry of the Term, the Hosting Service shall continue (subject to earlier termination in accordance with the Contract) for further terms of one (1) year duration (“Subsequent Terms”), unless either party shall give to the other at least sixty (60) days notice to terminate, prior to the expiry of the Term or any of the Subsequent Terms.
- Function28 shall have the right to increase the Charges with effect from the anniversary of the commencement of the Term or Subsequent Terms. Such increase shall be notified to the Client at least ninety (90) days prior to the expiry of the Term or Subsequent Terms.
- SERVICE CREDITS
- If at the end of each month during the Term or Subsequent Term, the Availability Target has not been met, Function28 shall by way of compensatory payment, reduce the Hosting Charges payable for the following month of the Term or Subsequent Term, by the percentages recorded in the table below (“Service Credit”):
|Availability||Service Credit, expressed as a percentage|
|99.5% and above||nil|
|Between 99.4% and 99%||5%|
|Between 98.9% and 97.5%||25%|
|Between 97.4% and 95%||50%|
- The Client acknowledges that the Service Credit is reasonable, not a penalty and represents a genuine attempt to pre-estimate an adjustment to the Charges to reflect the value of the services actually rendered.
- Function28 shall have the right to suspend the provision of the Hosting Services for such amount of time that any of the Charges remain unpaid.
- Charges are to be paid monthly by standing order to be cleared on the 1st of each month
- Should the charges not be cleared by the 1st of the month Function28 will comply with 4.1 within 5 working days without notice