Availability and Service Credits Sample Clauses

Availability and Service Credits. 3.1 The Provider shall provide the respective Service at the Handover Point during the Service Provision Period with the Availability as described in the respective Pricing & Conditions. Except as otherwise agreed, an availability of 99.50% per month shall be deemed agreed.
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Availability and Service Credits. 9.4.1 The availability of the PTV Cloud Service is determined on the basis of the following values which are calculated as a time percentage over a month, excluding the time slots reserved for Planned Maintenance: 🠶 Gross availability in minutes: VB = number of calendar days per month * 24 hours * 60 minutes �� Maintenance in minutes: WG = Time for Planned Maintenance 🠶 Net availability in minutes: VN = VB – WG 🠶 Downtime in minutes: A 🠶 Actual availability in percentage: V = (VN – A) / VN The actual availability of the PTV Cloud Service is V: 99.9% PTV plans periodic proactive maintenance (“Planned Maintenance”) on the servers. In average, the interruption for a given PTV Cloud Service is likely to amount to one (1) hour per week per cartographic cluster. PTV Cloud Service interruptions superior to one (1) hour are usually notified seventy-two (72) hours in advance, barring emergencies which are handled immediately. The following definitions shall apply: �� The transfer point is the point of transition from the Internet to the servicing data processing centre (“Transfer Point”). 🠶 The PTV Cloud Services are deemed available if the methods of the PTV Cloud Service interface or the application generate defined responses (“Responses”) to the defined requests (“Requests”) at the Transfer Point. 🠶 Downtime is the time when a defined Request at the Transfer Point does not generate a Response.
Availability and Service Credits. Licensor guarantees the Software will have a minimum ninety- nine and nine-tenths percent (99.9%) System Uptime. The maintenance schedule for Scheduled Downtime is available up to three (3) months in advance. In the event System Uptime is less than ninety-nine and nine-tenths percent (99.9%) during any calendar month during the Subscription Term (a “Service Level Failure”), and, provided that, within ten business (10) days of the end such calendar month, Licensee has notified Licensor in writing of such Service Level Failure and requested a Service Credit in accordance with the provisions herein, Licensee may be entitled to Service Credits against its subsequent payment obligations according to the following table. System Availability Service Credit 98.99 – 98.00 1% of Monthly License Fees 97.99 – 97.00 2% of Monthly Licensee Fees < 96.99 3% of Monthly License Fees The parties intend that the Service Credits constitute compensation to Licensee, and not a penalty. The parties acknowledge and agree that Licensee’s harm caused by Licensor’s delayed delivery of the Software or Maintenance Services would be impossible or very difficult to accurately estimate as of the Effective Date, and that the Service Credits are a reasonable estimate of the anticipated or actual harm that mightarise from a Service Level Failure. Licensor’s payment of the Service Credits is Licensor’s sole liability and entire obligation Service Level Failure.
Availability and Service Credits a. Service Credit Definition and Calculation. Subject to the exclusions noted below, if in any given month Subscriber reports a Priority 1 or 2 Issue, and it takes Appian longer than the percentage of time occurring in the applicable month noted below (“Aggregate Availability”) to provide a corresponding Correction in accordance with the applicable Technical Support Availability hours noted in the chart above, Appian will provide Subscriber with a credit of the percentage of the sum of the applicable monthly subscription fee and monthly Support fees in effect during the applicable month in the amount described below (each such credit is referred to as a “Service Credit”). The Aggregate Availability for Priority 1 Issues is calculated as 100 percent minus the quotient of the time required by Appian to provide Corrections for all Priority 1 Issues reported in a month, divided by the total number of minutes occurring in that month. Likewise, the Aggregate Availability for Priority 2 Issues is calculated as +100 percent minus the quotient of the time required by Appian to provide Corrections for all Priority 2 Issues reported in a month divided by the total number of minutes occurring in that month. The Service Credits are Appian’s exclusive obligation, and Subscriber’s sole remedy associated with any Issues. A Priority 1 Issue may not be reported both as a Priority 1 and a Priority 2 Issue. Priority Level Monthly Availability % Service Credit* Standard Advanced Enterprise Priority 1 <99.8% but ≥ 99.0% <99.95% but ≥ 99.0% <99.99% but ≥ 99.0% 10% <99.0% <99.0% <99.0% 30% Priority 2 <99.0% <99.0% <99.0% 15% *Credit percentages are as a percentage of the sum of monthly applicable subscription fee for Subscriber’s subscription to use the Cloud Offering and the monthly Support fees in the applicable Order Form. If the subscription fee for the Cloud Offering is paid other than monthly, the monthly subscription fee shall be calculated as the pro rata equivalent of one month of the subscription fee specified in the applicable Order Form.
Availability and Service Credits. 1. Crowdfox owes the agreed availability of the service at the transfer point during the service provisioning period. Unless otherwise defined, an availability of 99 percent per year is agreed upon.
Availability and Service Credits. The Paxata Product is subject to the service availability levels and service credits described in Paxata’s Service Level Standards available at xxxx://xxx.xxxxxx.xxx/agreements/sla.
Availability and Service Credits. 3.1. neoalto owes the agreed availability of the Service at the Delivery Point during the service provision period as described in the service description. Unless otherwise defined, an availability of 97% on an annual average is agreed.
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Related to Availability and Service Credits

  • Service Credits Employees on pregnancy leave shall be entitled to normal accumulation of service credits for the duration of the pregnancy leave.

  • Product Availability Under no circumstances shall Company be responsible to Representative or anyone else for its failure to fill accepted orders, or for its delay in filling accepted orders, when such failure or delay is due to strike, accident, labor trouble, acts of nature, freight embargo, war, civil disturbance, vendor problems or any cause beyond Company's reasonable control.

  • Continued Availability and Cooperation (a) Following termination of the Executive’s employment, the Executive shall cooperate fully with the Company and with the Company’s counsel in connection with any present and future actual or threatened litigation, administrative proceeding or investigation involving the Company that relates to events, occurrences or conduct occurring (or claimed to have occurred) during the period of the Executive’s employment by the Company. Cooperation will include, but is not limited to:

  • Service Credit Time spent on authorized leaves of absence without pay will count towards seniority, including service credit for annual step increases, layoff purposes, and for computing the amount of vacation leave, provided the employee is properly returned to service and is not serving a probationary period. Employees that do not return to service from a personal leave of absence shall not receive service credit for the time spent on such leave.

  • Service Level Credits If Verint does not meet the Uptime Percentage levels specified below, Customer will be entitled, upon written request, to a service level credit (“Service Level Credit”) to be calculated, with respect to the applicable Hosted Environment, as follows: • If Uptime Percentage is at least 99.95% of the month’s minutes, no Service Level Credits are provided; or • If Uptime Percentage is 99.75% to 99.94% (inclusive) of the month’s minutes, Customer will be eligible for a credit of 5% of a monthly average fee derived from one-twelfth (1/12th) of the then-current annual fee paid to Verint; or • If Uptime Percentage is 99.50% to 99.74% (inclusive) of the month’s minutes, Customer will be eligible for a credit of 7.5% of a monthly average fee derived from one-twelfth (1/12th) of the then-current annual fee paid to Verint; or • If Uptime Percentage is less than 99.50% of the month’s minutes, Customer will be eligible for a credit of 10.0% of a monthly average fee derived from one-twelfth (1/12th) of the then-current annual fee paid to Verint. Customer shall only be eligible to request Service Level Credits if Customer notifies Verint in writing within thirty (30) days from the end of the month for which Service Level Credits are due. All claims will be verified against Verint’s system records. In the event after such notification Verint determines that Service Level Credits are not due, or that different Service Level Credits are due, Verint shall notify Customer in writing on that finding. With respect to any Services Level credits due under Orders placed directly by Customer on Verint, Service Level Credits will be applied to the next invoice following Customer’s request and Verint’s confirmation of available credits; with respect to any Service Level Credits due for SaaS Services under Orders placed on Verint by a Verint authorized reseller on Customer’s behalf, Service Level Credits will be issued by such reseller following Customer’s request and Verint’s confirmation of available credits and such Services Level Credits may only be used by Customer with respect to subsequent purchases of Verint offerings through that reseller. Service Level Credits shall be Customer’s sole and exclusive remedy in the event of any failure to meet the Service Levels. Verint will only provide records of system availability in response to Customer’s good faith claims.

  • Minimum Availability Borrower shall have minimum availability immediately following the initial funding in the amount set forth on the Schedule.

  • Availability of Earnings Statements The Company shall make generally available to holders of its securities as soon as may be practicable but in no event later than the last day of the fifteenth (15th) full calendar month following the calendar quarter in which the most recent effective date occurs in accordance with Rule 158 of the Rules and Regulations, an earnings statement (which need not be audited but shall be in reasonable detail) for a period of twelve (12) months ended commencing after the effective date, and satisfying the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and Regulations).

  • Benchmark Unavailability Period Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, the Borrower may revoke any pending request for a SOFR Borrowing of, conversion to or continuation of SOFR Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, the Borrower will be deemed to have converted any such request into a request for a Borrowing of or conversion to Base Rate Loans. During a Benchmark Unavailability Period or at any time that a tenor for the then-current Benchmark is not an Available Tenor, the component of Base Rate based upon the then-current Benchmark or such tenor for such Benchmark, as applicable, will not be used in any determination of Base Rate.

  • Product and Service Warranties 21- SECTION 3.30

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