Vibe HCM will use commercially reasonable efforts to make the Service available twenty-four (24) hours per day, seven (7) days per week.
Vibe HCM will provide the Service in a manner sufficient to meet or exceed the following Service level, excepting the noted exclusions defined below.
Definition / Service Level
The Software Platform is deemed available if any of the following conditions can be validated:
- Vibe HCMs’ monitoring software reports a reply from the production environment and log reports indicate that packet counts are increasing;
- A ping test executed by Vibe HCM results in a ping reply being received from the Software Platform’s production environment.
A Service unavailability event (“Event”) occurs if neither of the above conditions can be confirmed excluding service interruptions occurring or continuing due to:
- Scheduled maintenance previously agreed with Client;
- Failures caused by Client’s failure to install upgrades of Vibe HCM Software or required internet browser or plug-in software;
- Failure or incorrect configuration of equipment not owned or managed by Vibe HCM (i.e. Client managed end points – i.e. Client FTP server);
- Client or third-party changes in any Service-relevant hardware or software, unless coordinated with Vibe HCM;
- Interruptions related to service upgrades or changes ordered by Client;
- Intermittent outages detected by Client, but not reported to Vibe HCM;
- Events reported by Client but no Event is found or confirmed by Vibe HCM. In this circumstance Vibe HCM will provide Client with details of the testing undertaken for the Event or Events;
- Intermittent network outages or traffic-disruptions resulting from Internet service providers outside Vibe HCMs’ data center;
- The performance or availability of any public Internet backbone or network;
- The performance or malfunction of any server or other equipment on the Internet outside of Vibe HCMs’ facility;
- Connectivity issues stemming from Client’s and/or Users’ premises;
- Client and/or User acts that result in availability or performance problems.