Common use of Service Availability Credit Calculation; Limits on Service Availability Credit; Sole and Exclusive Remedy Clause in Contracts

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%, NEC 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 NEC of this SLA.

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%, NEC 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 NEC Company of this SLA.

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%, NEC Intermedia 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 Centre 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 Centre 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 Centre Services affected may not exceed fifty percent (50%) of the monthly fees charged for use of the affected Contact Center Centre 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 pound ($£1.00), in which case the credit amount will be one dollar pound ($£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 Centre 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 NEC Intermedia of the MSA or this SLA.

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%, NEC Intermedia 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 NEC Intermedia of the MSA or this SLA.