Exceptions to Service Levels Clause Samples
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Exceptions to Service Levels. Contractor shall be excused for its failure to meet any Service Level, and no Service Credit shall be provided, if such failure is attributable to any of the following:
a. The State’s failure to perform its obligations under the Agreement that affects the performance of the Contractor Solution or hinders Contractor’s performance of the Services, including failure caused by the State Systems; or
b. The performance of a third party not under Contractor’s control, but excluding Contractor subcontractors; or
c. Unforeseen material volumes increases (i.e., in excess of double the State’s normal volumes) based on changes in the State’s business operations, processes or methodology for which the State has failed to give Contractor sufficient advance written notice; or
d. For Services that are dependent on a data feed from a State System or a third party system that the State has contracted for, a faulty, bad or incomplete data feed from such State System or third party system. However, in each case, Contractor must (i) notify the State in writing reasonably promptly of becoming aware of the issue and its impact on the Service Levels, (ii) take commercially reasonable efforts to mitigate the impact of the State’s or the Third Party’s acts or omissions and
Exceptions to Service Levels. The Availability of the Application and DevFactory’s obligations with respect to the other service measures set forth herein may be subject to limitations, delays, and other problems inherent to the general use of the internet and other public networks or caused by the Client, authorized users or third parties. DevFactory is not responsible for any delays or other damage resulting from problems outside of DevFactory’s control. Without limiting the foregoing, the following are exceptions to DevFactory’s obligations under this SLA:
(i) a failure or malfunction resulting from scripts, data, applications, equipment, or services provided and/or administered by the Client;
(ii) outages initiated by DevFactory or its third party suppliers at the request or direction of the Client for maintenance, back up, or other purposes;
(iii) outages occurring as a result of any actions or omissions taken by DevFactory or its third party suppliers at the request or direction of the Client;
(iv) outages resulting from the Client’s equipment and/or third party equipment not within the sole control of DevFactory;
(v) events resulting from an interruption or shut down of the Application due to circumstances reasonably believed by DevFactory to be a significant threat to the normal operation of the Application, the facility from which the Application is provided, or access to or integrity of data (e.g., a hacker or a virus attack);
(vi) outages due to system administration, commands, file transfers performed by the Client’s representatives;
(vii) other activities the Client directs, denial of service attacks, natural disasters, power and other utility outages, internet service outages, changes resulting from government, political, or other regulatory actions or court orders, strikes or labor disputes, acts of civil disobedience, acts of war, or other events caused by circumstances beyond DevFactory’s reasonable control;
(viii) The Client’s negligence or breach of its material obligations under this SLA, the Agreement, or any other agreement between the Client and DevFactory; and
(ix) lack of availability or untimely response time of the Client to respond to incidents that require its participation for source identification and/or resolution.
Exceptions to Service Levels. Company shall not be responsible for any failure to perform to the contracted standards or to meet a Service Level to the extent that such failure is directly attributable to any of the following:
1. Service or resource reductions agreed to by the Parties but where Company has notified Authority that the implementation of such request may result in a failure to meet a Service Level.
2. Failure of Authority or Third-Party systems, software, networks or degradation of services not provided by Company nor under the control of Company, including any hardware purchased by Authority from Company or a Third-Party.
3. Changes implemented by the Authority or its activities which have not been initiated by nor communicated to Company nor agreed to between Company and the Authority.
4. System and/or service degradations that arise because of excess system capacity in connection with the Authority’s network.
Exceptions to Service Levels. Client acknowledges and understands that no service level credit shall be granted to Client, if and to the extent that, at any time: (i) Client breaches or fails to perform its obligations under this Addendum or the General Terms; (ii) processing occurs from a FIS recovery facility as a result of a disaster; or (iii) any Force Majeure event occurs.
Exceptions to Service Levels. The following circumstances are excluded from the calculation of Availability Requirement: (a) acts or omissions by Customer or its Authorized Users that do not strictly comply with this Agreement and the Documentation; (b) any delay or failure of performance caused in whole or in part by Customer’s actions or inaction in performing its obligations under this Agreement; (c) failures of Customer’s Internet connectivity; (d) a Force Majeure Event, as described in the Agreement including but not limited to natural disasters, extreme weather conditions, earthquakes, floods, wildfires, hurricanes, pandemics, or other catastrophic events beyond DreamFace’s reasonable control; (e) failure, interruption, outage, or other problem with any software, hardware, system, network, facility, or other equipment not supplied by DreamFace pursuant to this Agreement, including third-party cloud service provider; (f) Scheduled Downtime; or (g) disabling, suspension, or termination of the Services pursuant to the terms of the Agreement.