MVG shall provide 99.99% uptime service availability level (Uptime Service Level). Availability does not include outages requested or caused directly by the Customer or disruptions or outages or disruptions due to Force Majeure Events, or times falling within the Daily Window.
All measurements are performed at one minute intervals and measure the availability of the Websites for access by the general public. The availability measurement shall be carried out by MVG and is based on the monthly average percentage availability, calculated at the end of each calendar month as the total actual uptime minutes for all Websites divided by total possible uptime minutes for all Websites in the month. MVG shall keep and shall send to the Customer, on request, full records of its availability measurement activities under this agreement where (i) "actual uptime minutes" is the number of minutes during which the Websites were available for access by the general public and (ii) any minute during which the Hosting Services did not so comply is not considered to be an actual uptime minute.
MVG will use reasonable efforts to provide you with a minimum of (7) days' advance notice for all scheduled downtime to perform system maintenance, backup and upgrade functions for the Services (the "Scheduled Downtime") if the Services will be unavailable due to the performance of system maintenance, backup and upgrade functions. Scheduled Downtime will not exceed eight (8) hours per month and will be scheduled in advance during off-peak hours (based on PT). MVG will notify you via email of any Scheduled Downtime that will exceed two (2) hours.
MVG may determine, at its sole discretion, that providing appropriate service levels requires additional equipment and/or bandwidth, and may install that equipment and/or bandwidth without approval from the Customer, provided that it does not diminish in any way the functionality, connectivity or compatibility of the Services.
Maintenance includes all regularly scheduled error corrections, software updates and those upgrades limited to improvements to features described in the System Specification. Support for additional features developed by MVG, as requested by the Customer, may be purchased separately at MVG's then current rates.
MVG shall maintain and update the System and the functional aspects of the Websites. If the System or any Website includes a functional defect, the Customer may at any time file error reports and MVG shall use reasonable endeavours promptly to correct any errors. During maintenance periods, MVG may, at its discretion, upgrade versions, install error corrections and apply patches to the System and Websites. MVG shall use reasonable endeavours to avoid unscheduled downtime.
MVG shall provide the Customer with technical support services. MVG technical support shall accept voicemail, email and web form-based incident submittal 24 hours a day, seven days a week. MVG’s technical support call centre shall accept calls for English language telephone support during Normal Business Hours. MVG shall use all reasonable endeavours to process support requests, issue trouble ticket tracking numbers if necessary, determine the source of the problem and respond to the Customer.
MVG shall monitor the platform 24 hours a day seven days a week. MVG shall directly notify the Customer of Maintenance Events that may affect the availability of the Hosting Services.
MVG shall work to resolve incidents that could lead to unauthorised access to the Customer Data outside of Normal Business Hours without additional charge to the Customer. In such circumstances the target resolution time shall be read as “Four hours after initial response”.
MVG shall provide a report to the Customer when requested.