Welcome to DXRX - The Diagnostic Network® ("DXRX Platform")
Unless otherwise stated, any defined terms in here shall have the meaning set out in the DXRX Membership Terms.
1. Target Availability. Diaceutics will use commercially reasonable efforts to make the DXRX Service available with an uptime of 99.8% of each calendar month during the Support Hours (at paragraph 6A below) (“Target Availability”).
2. Scheduled Maintenance. “Scheduled Maintenance” means the scheduled routine maintenance of the DXRX Services for which Diaceutics will provide DXRX Member with as much advance notice as possible. Scheduled Maintenance will not exceed eight (8) hours per month. Diaceutics typically performs Scheduled Maintenance once per month.
3. Unscheduled Emergency Maintenance. “Unscheduled Emergency Maintenance” means any unscheduled emergency maintenance of the DXRX Services, which Diaceutics shall perform as may be required.
Both Scheduled Maintenance and Unscheduled Emergency Maintenance shall be performed with as minimal interruption and degradation as possible in performance of the DXRX Services.
4. Exclusions. The calculation of uptime will not include unavailability to the extent due to: (a) unauthorized use of the DXRX Service by DXRX Member; (b) general internet problems, force majeure events or other factors outside of Diaceutics’ reasonable control; (c) DXRX Member’s equipment, software, network connections or other infrastructure; (d) third party systems, acts or omissions; or (e) Scheduled Maintenance or reasonable Unscheduled Emergency Maintenance.
5. Remedy for Failure to Meet Target Availability. If there is a verified failure of a DXRX Service to meet Target Availability in three (3) consecutive months, then DXRX Member may terminate its membership in accordance with the DXRX Membership Terms. To the extent that any DXRX Platform Fees have been paid, Diaceutics will reimburse to the DXRX Member any pre-paid Platform Fees for the terminated portion of the membership. This is DXRX Member’s sole and exclusive remedy, and DXRX’s sole and exclusive liability for Diaceutics’ failure to meet the Target Availability. This constitutes a genuine pre-estimate of the loss or damage suffered as a result of Diaceutics’ failure to achieve the Target Availability and is not intended to operate as a penalty for Diaceutics’ non-performance.
6. Diaceutics offers DXRX Support Services for the DXRX Services (“Support”) in accordance with the following terms:
6.1 Support Hours. Support is provided 9 hours per day, 5 Business Days per week, aligned with GMT, 09:00 to 18:00.
6.2 Incident Submission and Customer Cooperation. DXRX Member may report errors or abnormal behavior of any DXRX Services (“Incidents”) by contacting our DXRX Technology Team via email at email@example.com or via the DXRX Platform live chat interface. Our DXRX Security Policy provides more information about how we protect Your Content. DXRX Members will provide information and cooperation to Diaceutics as reasonably required for Diaceutics to provide Support. This includes, without limitation, providing the following information regarding the Incident:
- Aspects of the DXRX Service that are unavailable or not functioning correctly
- Incident’s impact on the DXRX Member
- Start time of Incident
- List of steps to reproduce Incident
- Relevant log files or data
- Wording of any error message
6.3 Incident Response. Diaceutics’ Support personnel will assign a priority level (“Priority Level”) to each Incident and seek to provide responses in accordance with the table below. Note hours may roll over based on Support Hours.
Target Response Times
Operation of the DXRX Service is critically affected (not responding to requests or serving content) for a large number of DXRX Members; no workaround available.
DXRX Service is responding and functional but performance is degraded, and/or Incident has potentially severe impact on the operation of the DXRX Service for multiple DXRX Members.
2 Business Days
Non-critical issue; no significant impact on performance of the DXRX Service but the DXRX Member experience may be affected.
5 Business Days
6.4 Exclusions. Diaceutics will have no obligation to provide Support to the extent an Incident arises from: (a) – (e) inclusive at paragraph 4 above.