Service Level Agreement. Subject to the terms and conditions of this Agreement, Bank agrees to perform the custody services provided for under this Agreement in a manner that meets or exceeds any service levels as may be agreed upon by the parties from time to time in a written document that is executed by both parties on or after the date of this Agreement, unless that written document specifically states that it is not contractually binding. For the avoidance of doubt, Bank’s Service Directory shall not be deemed to be such a written document.
Service Level Agreement. AvePoint shall make the functionality of the Hosted Licensed Property available to Customer pursuant to this Agreement and shall use commercially reasonable efforts to make the SaaS Services available at the gateway between the public internet and the network of the Cloud Services Provider, except for: (i) scheduled Downtime (of which AvePoint shall, to the extent practicable, schedule so as not to adversely affect Customer's business); and (ii) as set forth in the Agreement and herein. AvePoint warrants that the Hosted Licensed Property shall have an uptime of not less than 99.5% per month (resulting in a Downtime of not more than 3 hours and 39 minutes per month) (the "SLA"). Customer shall bring forth any claim of excessive Downtime by submitting the details of such Downtime for AvePoint’s reference. AvePoint must receive such claims latest by the end of the calendar month following the month in which the alleged Downtime occurred. After AvePoint’s investigation of such claims, should the Parties determine that AvePoint has not met the uptime requirement set forth herein, Customer shall, as an exclusive remedy, be entitled to a Service Credit not to exceed in any particular month, fifteen percent (15%) of the monthly fees. Notwithstanding the foregoing, if the Parties determine that the Hosted Licensed Property had an uptime of less than ninety-nine percent (99.0%) (resulting in a Downtime of more than 7 hours and 18 minutes) in a specific month, the Customer shall, as an exclusive remedy, be entitled to a Service Credit of twenty percent (20%) of the fees applicable for that specific month. If Customer purchased a SaaS Service from a reseller, the Service Credit will be based on the estimated retail price for the applicable SaaS Service, as determined by AvePoint in its sole but reasonable discretion. Any Service Credits shall be credited to Customer within thirty (30) days of the determination of excessive Downtime by both Parties as set out above. AvePoint may, at its sole discretion, announce additional performance targets for the SaaS Services and shall use commercially reasonable efforts to meet those targets. The Parties agree that the additional performance targets may be amended by AvePoint at any time and at its sole discretion and that a failure of AvePoint to meet those targets shall not entitle Customer to a refund of any fees paid under the Agreement or any Addendum thereto.
Service Level Agreement. The Transfer Agent shall maintain a quality control process designed to provide a consistent level of quality and timeliness for its call center, correspondence services and transaction processing and level of systems availability. The Transfer Agent's performance of the services under this Agreement will be measured against service levels and standards ("SLAs"), which will be established in good faith by mutual written agreement of the parties and shall be made a part of this Agreement as Schedule 1.3.
Service Level Agreement. The Service Level SaaS Agreement (“SLA”) for the SaaS Services is set forth in Exhibit C hereto. The SLA sets forth Customer’s sole remedies for availability or quality of the SaaS Services including any failure to meet any guarantee set forth in the SLA.
Service Level Agreement. The Service Level Agreement ("SLA") for Virtual Contact Center is set forth in Section 4 below, which is made a part of this Agreement. Verizon’s records and data shall be the basis for all SLA calculations and determinations. The SLA sets forth Customer’s sole remedies for any claim relating to Virtual Contact Center, including any failure to meet any service level set forth in the SLA.
Service Level Agreement. Should Provider fail, on any one or more occasions, to deliver any one or more Services to Customer in accordance with all of the terms and conditions contained in the applicable SLA, Customer’s sole and exclusive remedy for such failure shall be as set forth in the SLA. No such failure shall be considered a Default by Provider under the Agreement.
Service Level Agreement. The Parties will agree from time to time on service levels with respect to performance under this Agreement. Such Service Levels shall be set forth in a separate written agreement executed by both Parties, which may be modified by agreement of the Parties in writing from time to time.