1.1“Disaster” means the unavailability of the System lasting more than 30 minutes to cause significant interruption of Rhythm Services.
1.2 “Outage” means the inability of users accessing the System. Outages shall be measured in minutes.
1.3 “Availability” means (i) Actual Uptime divided by (ii) Scheduled Uptime less Excused Downtime. For purposes of this Agreement, “Actual Uptime” means that CUSTOMER is able to access all features and functions of the System. Availability shall be measured in percent.
1.4 “Scheduled Uptime” shall mean twenty-four (24) hours per day, seven (7) days per week, and three hundred sixty-five days a year. Scheduled Uptime shall be measured in minutes.
1.5 “Excused Downtime” shall include the following, which shall be measured in minutes:
(a) Within routine scheduled maintenance windows in accordance with Section 2;
(b) Due to unscheduled preventive (but not remedial) maintenance of which CUSTOMER has been reasonably notified;
(c) Due to a Force Majeure Event;
1.6 “System” shall mean Rhythm’s platform on its production (live) or backup environments.
1.7 “Severity” is the assessed possible risk or effect of a Problem impacting CUSTOMER business operations.
1.8 “Problem” shall mean any problem, inquiry or request relating to CUSTOMER System.
1.9 Problems shall be initially classified in accordance with the following Severity level classifications, as follows:
(a) Severity 1 : is a Problem that has a critical impact on CUSTOMER business, where the System is not available;
(a) Severity 2 : is a problem that has a moderate impact on CUSTOMER business, where System is available but it is impacting the use of a major System functionality;
(a) Severity 3 : is a problem that has minor impact on CUSTOMER business, where the System is available but it is impacting the use of a minor System functionality; and
(a) Severity 4 : is a problem that has no impact on CUSTOMER business, where the System is available but it is not impacting the existing System functionality.
1.10 “Help Desk Response Time” shall mean the time elapsed between the time Rhythm is contacted by a User via Phone or Email (“Start Time”) and Rhythm’s response to the User and/or CUSTOMER Project Manager via phone or email. It is understood that Help Desk Response Time may not include time required to rectify and/or resolve any problems identified.