CUBIC LOGICS shall not be responsible for any Service Unavailability to the extent that such Service
Unavailability results from any of the following events:
- The Services being modified or altered in any way at the “Customer”’s request.
- Use of single power source equipments without static transfer switch for utilizing available redundant
- Any interruptions resulting from defects or failures in or use of the “Customer” Equipment or any
Services or any facilities provided or operated by or on behalf of the “Customer”;
- Incomplete, inaccurate information provided by the “Customer” to CUBIC LOGICS;
- The performance of traffic exchange points, including Internet networks or exchanges controlled by any
- Any delay or failure in complying with any of the “Customer’s” obligations under the Agreement;
- Planned Unavailability.
- DNS issue outside the direct control of CUBIC LOGICS.
- Failure of the “Customer” links, access circuits, local loop or any network not owned or managed by
- Time taken during offline backups, either planned or requested by the “Customer” after advance
- Damage to or faults in the equipment resulting from (i) accidents, (ii) transportation, (iii) neglect and/or
misuse by “Customer” or its authorized representatives;
- Use of any Application services by “Customer” for purposes other than that for which it was acquired
- Any act or omission on the part of the “Customer” including but not limited to failure to notify the
Service Desk of a Service Unavailability
- Events or occurrences that result in “no trouble found” Trouble Ticket, as confirmed by “Customer”
- An interruption where the “Customer” elects not to release a Service for testing and repair and continues
to use it on an impaired basis.
- Regulatory events
- Any abuse or fraud failure to comply with the CUBIC LOGICS “Rules & Regulations” and “Acceptable User
Policy” on the part of “Customer” and its end-user.
- Any Force Major event as described in this Agreement.
The period of any Fault commences from the time the Trouble Ticket is logged by the CUBIC LOGICS Service
Desk until the time that CUBIC LOGICS notifies the “Customer” that the Fault is remedied. Accordingly the
time period of calculation of any applicable Credits shall begin from the time that the Trouble Ticket is
actually logged by the “Customer”.