Common use of Outage Clause in Contracts

Outage. An “Outage” will mean any fifteen (15) consecutive minutes during which Customer is unable to access the Subscription Services Platform. 5. Service Credits. Customer may obtain service credits if Supplier fails to meet any of the service commitments described in this Service Level Summary. The service credit(s) are limited to an amount equal to the then-current equivalent monthly recurring fees for the Subscription Services (the “Equivalent Monthly Fee”). In order to receive a service credit, Customer must notify Supplier’s Subscription Services Support by opening a case through Supplier’s online support site within twenty-four (24) hours of an Outage, or within thirty (30) calendar days of Supplier’s failure to meet any other service commitment as provided in this Service Level Summary. Supplier must verify the service commitment violation described in each case. Customer must submit a written request for a service credit, including the case number, to Supplier within five (5) calendar days of opening the case. The service credits are Customer’s sole and exclusive remedy in the event of Supplier’s failure to meet any of the service commitments provided in this Service Level Summary, and any other terms of this Agreement to the contrary notwithstanding, any liability of Supplier to Customer or any third party for any failure of Supplier to meet any of such service commitments or to otherwise provide the Subscription Services will not exceed an amount equal to the applicable service credits.

Appears in 2 contracts

Sources: Software Services Agreement (Saas), Software Services Agreement (Saas)