During the then-current term of the applicable BigOmics agreement between BigOmics and the Customer specified on the applicable Order Form (the “Agreement”), the BigOmics product delivered via HTTPS at https://www.bigomics.ch (the “BigOmics Service” and the “BigOmics Engage Service”) will be operational and available to Customer at least 99.9% of the time in any calendar month (the “Uptime Guarantee”). Any unscheduled outage, unexpected disruptions, or downtime without prior notification to the Customer will be included in calculating the Monthly Uptime Percentage; provided, however, that Routine Maintenance will not be used to measure against the Monthly Uptime Percentage.
For the BigOmics Service, routine Maintenance shall mean maintenance to the BigOmics Service, including such things as upgrades and service patches, performed every Tuesday between the hours of 7:00 PM and 2:00 AM CET, as well as between the hours of 12:00 PM and 8:00 PM CET on the second and last Saturday of each calendar month (“Routine Maintenance”). BigOmics reserves the right to perform Routine Maintenance during these hours without prior notification to Customers. In rare instances, the Customer may be unable to access the BigOmics Service during a Routine Maintenance.
For BigOmics Engage Service, BigOmics shall: (1) provide standard User support for the Engage Service to the Customer at no additional charge, (2) provide live User support between the hours of 8 am to 6 pm Central European Time, Monday through Friday, excluding (a) public holidays (“Normal BigOmics Engage Support Hours”); and (b) Routine Maintenance (for which BigOmics shall give at least twenty-four (24) hours’ notice via the BigOmics Engage Service and which BigOmics shall schedule, to the extent practicable, during the weekend hours from 6:00 p.m. Friday to 3:00 a.m. Monday, CET).
In the unlikely event that BigOmics fails to meet its Uptime Guarantee for any calendar month, Customer shall be eligible to receive additional days of service, free of charge, under the Agreement (the “Service Credit”) as follows:
|Monthly Uptime Percentage||Service Credit|
|Less than 99.9%||3 Days|
|Less than 99.0%||10 Days|
|Less than 95.0%||30 Days|
In order to be eligible to receive a Service Credit, the Customer must request such Service Credit from BigOmics no later than thirty (30) days following the end of any month in which Customer believes that the Uptime Guarantee was not met. Service Credits not requested within such thirty (30) day period will be automatically forfeited.
Service Credits shall be Customer’s sole remedy for BigOmics’ failure to meet the Uptime Guarantee. The maximum number of Service Credits to be issued to the Customer for any month in which BigOmics’ Uptime Guarantee has not been met shall be thirty (30) days, as indicated in the table above.
Published Online April 5, 2021