Service Availability Credit Calculation; Limits on Service Availability Credit; Sole and Exclusive Remedy Clause Samples

Service Availability Credit Calculation; Limits on Service Availability Credit; Sole and Exclusive Remedy. Subject to Your valid submission of a Service Availability Credit request and the other conditions herein, if Service Availability under Your Account for any calendar month is below 99.999%, Company will issue a credit in accordance with the following schedule: Service Availability Amount of the credit as a percentage of monthly fee for affected Cloud Voice Service 99.0% to 99.999% 3% of monthly fee credited 98.0% to 98.99% 5% of monthly fee credited 95.0% to 97.99% 10% of monthly fee credited 90.0% to 94.9% 25% of monthly fee credited 89.9% or below 2.5% credited for every 1% of lost availability up to the maximum total penalty limit. Limit may not exceed 50% of the monthly fees charged for use of the affected Cloud Voice Service during the month for which the Service Availability Credit is to be issued. The total Service Availability Credit due to You for any Cloud Voice Services affected may not exceed fifty percent (50%) of the monthly fees charged for use of the affected Cloud Voice Service during the month for which the Service Availability Credit is to be issued, unless the amount to be credited is less than one dollar ($1.00), in which case the credit amount will be one dollar ($1.00). Only one (1) Service Availability Credit is available in any given calendar month. Credits are applicable only toward use of the affected Cloud Voice Service and are not convertible into cash or any type of refund. Notwithstanding anything set forth in the MSA or this SLA, the Service Availability Credit described in this Section 4 of this SLA will be Your sole and exclusive remedy in connection with any loss of Service Availability as described in such section or breach by Company of the MSA or this SLA.
View SourceView Similar (11)
Service Availability Credit Calculation; Limits on Service Availability Credit; Sole and Exclusive Remedy. Subject to Your valid submission of a Service Availability Credit request and the other conditions herein, if Service Availability under Your Account for any calendar month is below 99.999%, Company will issue a credit in accordance with the following schedule: Service Availability Amount of the credit as a percentage of monthly fee for affected Contact Center Service 89.9% or below 2.5% credited for every 1% of lost availability up to the maximum total penalty limit. Limit may not exceed 50% of the monthly fees charged for use of the affected Contact Center Service during the month for which the Service Availability Credit is to be issued. The total Service Availability Credit due to You for any Contact Center Services affected may not exceed fifty percent (50%) of the monthly fees charged for use of the affected Contact Center Service during the month for which the Service Availability Credit is to be issued, unless the amount to be credited is less than one dollar ($1.00), in which case the credit amount will be one dollar ($1.00). Only one (1) Service Availability Credit is available in any given calendar month. Credits are applicable only toward use of the affected Contact Center Service and are not convertible into cash or any type of refund. Notwithstanding anything set forth in the MSA or this SLA, the Service Availability Credit described in this Section 4 of this SLA will be Your sole and exclusive remedy in connection with any loss of Service Availability as described in such section or breach by Company of this SLA.
View SourceView Similar (5)
Service Availability Credit Calculation; Limits on Service Availability Credit; Sole and Exclusive Remedy. Subject to Your valid submission of a Service Availability Credit request and the other conditions herein, if Service Availability under Your Account for any calendar month is below 99.999%, Company will issue a credit in accordance with the following schedule: Service Availability Amount of the credit as a percentage of monthly fee for affected Contact Center Service 99.0% to 99.999% 3% of monthly fee credited 98.0% to 98.99% 5% of monthly fee credited 95.0% to 97.99% 10% of monthly fee credited 90.0% to 94.9% 25% of monthly fee credited 89.9% or below 2.5% credited for every 1% of lost availability up to the maximum total penalty limit. Limit may not exceed 50% of the monthly fees charged for use of the affected Contact Center Service during the month for which the Service Availability Credit is to be issued. The total Service Availability Credit due to You for any Contact Center Services affected may not exceed fifty percent (50%) of the monthly fees charged for use of the affected Contact Center Service during the month for which the Service Availability Credit is to be issued, unless the amount to be credited is less than one dollar ($1.00), in which case the credit amount will be one dollar ($1.00). Only one (1) Service Availability Credit is available in any given calendar month. Credits are applicable only toward use of the affected Contact Center Service and are not convertible into cash or any type of refund. Notwithstanding anything set forth in the MSA or this SLA, the Service Availability Credit described in this Section 4 of this SLA will be Your sole and exclusive remedy in connection with any loss of Service Availability as described in such section or breach by Company of this SLA.
View SourceView Similar (2)
Service Availability Credit Calculation; Limits on Service Availability Credit; Sole and Exclusive Remedy. Subject to Your valid submission of a Service Availability Credit request and the other conditions herein, if Service Availability under Your Account for any calendar month is below 99.999%, Voice Telco Services will issue a credit in accordance with the following schedule: Service Availability Amount of the credit as a percentage of monthly fee for affected Cloud Voice Service 99.0% to 99.999% 3% of monthly fee credited 98.0% to 98.99% 5% of monthly fee credited 95.0% to 97.99% 10% of monthly fee credited 90.0% to 94.9% 25% of monthly fee credited 89.9% or below 2.5% credited for every 1% of lost availability up to the maximum total penalty limit. Limit may not exceed 50% of the monthly fees charged for use of the affected Cloud Voice Service during the month for which the Service Availability Credit is to be issued. The total Service Availability Credit due to You for any Cloud Voice Services affected may not exceed fifty percent (50%) of the monthly fees charged for use of the affected Cloud Voice Service during the month for which the Service Availability Credit is to be issued, unless the amount to be credited is less than one Pound Sterling (£1.00), in which case the credit amount will be one Pound Sterling (£1.00). Only one (1) Service Availability Credit is available in any given calendar month. Credits are applicable only toward use of the affected Cloud Voice Service and are not convertible into cash or any type of refund. Notwithstanding anything set forth in the MSA or this SLA, the Service Availability Credit described in this Section 4 of this SLA will be Your sole and exclusive remedy in connection with any loss of Service Availability as described in such section or breach by Voice Telco Services of the MSA or this SLA.
View Source
Service Availability Credit Calculation; Limits on Service Availability Credit; Sole and Exclusive Remedy. Subject to Your valid submission of a Service Availability Credit request and the other conditions herein, if Service Availability under Your Account for any calendar month is below 99.999%, Company will issue a credit in accordance with the following schedule: Service Availability Amount of the credit as a percentage of monthly fee for affected Cloud Voice Service The total Service Availability Credit due to You for any Cloud Voice Services affected may not exceed fifty percent (50%) of the monthly fees charged for use of the affected Cloud Voice Service during the month for which the Service Availability Credit is to be issued, unless the amount to be credited is less than one dollar ($1.00), in which case the credit amount will be one dollar ($1.00). Only one (1) Service Availability Credit is available in any given calendar month. Credits are applicable only toward use of the affected Cloud Voice Service and are not convertible into cash or any type of refund. Notwithstanding anything set forth in the MSA or this SLA, the Service Availability Credit described in this Section 4 of this SLA will be Your sole and exclusive remedy in connection with any loss of Service Availability as described in such section or breach by Company of the MSA or this SLA.
View Source

Related to Service Availability Credit Calculation; Limits on Service Availability Credit; Sole and Exclusive Remedy

  • Non-Availability of Funds The obligation of the RCO to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section for a continuous period of one year, RCO’s obligation to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by the Sponsor.

  • EPP service availability Refers to the ability of the TLD EPP servers as a group, to respond to commands from the Registry accredited Registrars, who already have credentials to the servers. The response shall include appropriate data from the Registry System. An EPP command with “EPP command RTT” 5 times higher than the corresponding SLR will be considered as unanswered. If 51% or more of the EPP testing probes see the EPP service as unavailable during a given time, the EPP service will be considered unavailable.

  • 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.

  • Service Availability You understand that Service availability is at all times conditioned upon the corresponding operation and availability of the communication systems used in communicating your instructions and requests to the Credit Union. We will not be liable or have any responsibility of any kind for any loss or damage thereby incurred by you in the event of any failure or interruption of such communication systems or services resulting from the act or omission of any third party, or from any other cause not reasonably within the control of the Credit Union.

  • DNS service availability Refers to the ability of the group of listed-­‐as-­‐authoritative name servers of a particular domain name (e.g., a TLD), to answer DNS queries from DNS probes. For the service to be considered available at a particular moment, at least, two of the delegated name servers registered in the DNS must have successful results from “DNS tests” to each of their public-­‐DNS registered “IP addresses” to which the name server resolves. If 51% or more of the DNS testing probes see the service as unavailable during a given time, the DNS service will be considered unavailable.