Service Level Credit. For purposes of this subsection, “SLA” refers to the Applicable Service Level Agreement purchased by the Client, whether Essentials, Standard, and Enterprise. In the event that the Company fails to meet the specified response times as per the SLAs for any given incident/ticket, the Client shall be eligible for a service credit calculated based on the following formula: Total Service Credit = ((Actual Response Time/SLA’s Defined Maximum Time) - 1) * Monthly cost for service on the specific device Credit Limitations: a. There shall be a cap of one Total Service Credit per incident/ticket, irrespective of the duration beyond the SLA’s Defined Maximum Time. b. The Total Service Credit awarded for any non-compliance of the SLA’s Defined Maximum Time must exceed $10.00. Any calculated credit amounting to less than or equal to $10.00 shall be deemed void and not payable. c. The Total Service Credit applicable for a specific device in any given month shall not exceed the monthly fee charged by the Company for that specific device. d. The Total Service Credit applicable shall not provide credit for more than four (4) of the Client’s clearly associated devices. e. If there is no clear association of the device with the incident, then there shall be no credit. Credit Request Process: THE CLIENT AGREES THAT THE COMPANY SHALL NOT BE LIABLE TO THE CLIENT FOR ANY CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, REVENUE, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH ANY NON- COMPLIANCE WITH THE SLA SPECIFIED HEREIN. THE SERVICE LEVEL CREDITS OUTLINED IN THIS SECTION ARE THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO THE CLIENT FOR ANY SLA NON- COMPLIANCE BY THE COMPANY. THE PROVISIONS OF THIS WAIVER SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
Appears in 2 contracts
Sources: Service Agreement, Service Agreement