Services

The Company shall, during the Term (as defined in Clause 7), provide the Services to the Customer on and subject to the terms of this Agreement.

Subscribing to the Service

Customer will subscribe to the Services under one or more Order Form/Sales Proposals specifying the Services it wishes to avail and the Subscription Period. Order Form/Sales Proposals may be executed manually by the Parties or submitted electronically through the Website. In the event of any conflict between this Agreement and an Order Form/Sales Proposal, the Order Form/Sales Proposal shall control the terms related to features and rates, and this Agreement shall govern all other issues.

Initial Service
Customer is entering into an initial Order Form/Sales Proposal upon execution of this Agreement. The Company will provide the Service described in the initial Order Form/Sales Proposal to the Customer for the Subscription Period specified therein according to such Order Form/Sales Proposal and this Agreement.

Additional Service
Additional Order Form/Sales Proposals may be entered into by the Parties to subscribe to additional or different features of the Service. Unless designated as replacing a specific outstanding Order Form/Sales Proposal, a new Order Form/Sales Proposal will be considered in addition to currently outstanding Order Form/Sales Proposals.

Access to Service
The Customer can gain access to the Services using a standard web browser like Internet Explorer, Mozilla Firefox, Google Chrome, Safari, etc., over the internet. Access can be gained by visiting the Website. The Company will make available the Services to the Customer by setting up an account for the Customer on the Website and providing the Customer with User IDs following the execution of the Order Form/Sales Proposal by the Customer for the purpose of enabling the Customer to avail the Services on the Website.

Hardware
The hardware required to provide the Services will be located in a data center with facilities like multiple carrier links to the Internet, backup power supplies, climate-controlled air conditioning, raised floors for cabling, and electronic security systems.

Service Level Commitment
The Company promises the Customer that the Service will be generally available at least 98.0% of the time during each calendar month, except for Excluded Events ("Commitment").

The Company shall use commercially reasonable endeavours to make the Services available 24 hours a day, seven days a week, except for:

Planned maintenance carried out during the maintenance schedule from time to time; and
Unscheduled maintenance performed outside normal business hours, provided that the Company has used reasonable endeavours to give the Customer notice in advance.

Here’s a simple escalation matrix table based on the service commitment and availability clauses: