Persistent Service Level Failure Clause Samples
A Persistent Service Level Failure clause defines the consequences and remedies available when a service provider repeatedly fails to meet agreed-upon performance standards over a specified period. Typically, this clause outlines the threshold for what constitutes persistent failure, such as missing service levels multiple times within a set timeframe, and may grant the customer rights to escalate the issue, demand corrective action, or even terminate the contract. Its core function is to protect the customer from ongoing subpar service by providing clear recourse if the provider cannot consistently meet contractual obligations.
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Persistent Service Level Failure. Ten (10 ) Service Level # 1 failures in a rolling twelve (12) month period constitutes a “Persistent Service Level Failure” For the first Persistent Service Level Failure in a rolling twelve (12) month period, CSI shall credit or refund to Crossref five percent (5%) of the annual fees paid by Crossref for the Contract Year in which the tenth (10th) Service Level failure occurs. For each additional Persistent Service Level Failure in the same rolling twelve (12) month period (i.e., a total of twenty (20), thirty (30), forty (40), etc. Service Level #1 failures in the same rolling twelve (12) month period), CSI shall issue a Service Credit to Crossref in an amount equal to an additional five percent (5%) of the annual fees paid by Crossref for the Contract Year in which the tenth (10th) Service Level #1 failure occurs. For example: ● if there are eleven (11) Service Level #1 failures in a rolling twelve-month period, and the tenth (10th) occurs in Contract Year 2, then the Service Credit will equal $6,300.00 (i.e., 0.05 * $126,000). ● if there are thirty (30) Service Level #1 failures in the same rolling twelve-month period, and the tenth (10th) occurs in Contract Year 2 and the twentieth (20th) and thirtieth (30th) occur in Contract Year 3, then the Service Credit will equal $6,300.00 (i.e., 0.05 * $126,000) for the first Persistent Service Level Failure, plus an additional $13,230.00 (i.e., 0.05 * $132,300 * 2) for the second and third Persistent Service Level Failures.
Persistent Service Level Failure. Client may terminate this Agreement or the applicable SOW, upon *** written notice to PeopleSupport, if PeopleSupport fails to achieve any material service level specified in an SOW for *** in any *** period (“Trigger Event”) and Client provides such notice within *** of the Trigger Event. Failure by Client to provide written notice within *** days of a Trigger Event shall constitute a waiver thereof by Client. Client acknowledges and agrees that, in connection with the initial ramp up of Services under an applicable SOW, any failure to meet service levels specified in such SOW during the *** months of Services under that SOW will not constitute a failure giving rise to a termination right by Client.