Service Level Terms. (a) Availability. (i.) Formula. ANSYS will use commercially reasonable efforts to make the Services, subject to the exceptions listed below, be available 90% of the time during each calendar month during the Subscription Term (referred to herein as the “Availability Commitment”). The availability of the Services for a given month will be calculated according to the following formula (referred to herein as the “Availability”): Where: Total minutes in the month = TMM Total minutes in the month the Services are unavailable = TMU And: ((TMM-TMU) X 100)/TMM
Service Level Terms. We will provide the Services in accordance with the service level terms set forth at xxxxx://xxx.xxxxxxxxxxxx.xxx/terms_files/Ex_A-Enterprise-SLA-Service-Availability.pdf (individually or collectively, the “Service Level Terms”), and any remedies for failure to comply with such standards are set forth therein.
Service Level Terms. Wowrack guarantees that the Services will be provided in accordance with the Wowrack’s then-current SLA, as the same is posted on xxx.xxxxxxx.xxx from time to time.
Service Level Terms. Groupware shall guarantee uptime and provide support for the Hosting Services as set forth in Exhibit A, Schedule 2.
Service Level Terms. If you are a Free User, SuperAnnotate provides no assurances or remedies related to service availability or performance. If you desire service level commitments, please register for a Pro User account. EXHIBIT B Support Terms
Service Level Terms. The Services shall be available 99.5%, measured monthly, excluding holidays and scheduled downtime. Further, any downtime resulting from outages of third party connections or utilities or other reasons beyond Company’s control will also be excluded from any such calculation. Customer's sole and exclusive remedy, and Company's entire liability, in connection with Service availability shall be a “Performance Credit.”
Service Level Terms. 3.8. Applicable Law and Dispute Resolution The governing laws for the Agreement will depend on where the Customer is domiciled as set forth below. Customer Domicile Governing Law North, South, Central America, or the Caribbean United States federal law Europe, Middle East, Africa, Asia or Oceania Sweden Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the International Court of Arbitration, part of the International Chamber of Commerce in Paris (the “ICC”), and any disputes, actions, claims, or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the ICC. The Rules for Expedited Arbitrations shall apply, unless the ICC in its discretion determines, taking
Service Level Terms. ServerStadium guarantees that the Services will be provided in accordance with the ServerStadium 's then-current SLA, as the same is posted on xxx.xxxxxxxxxxxxx.xxx from time to time.
Service Level Terms. The BenefitEd Pla tform will be available 95.0%, measured monthly, excluding holidays and weekends and scheduled maintenance. If Client requests maintenance during these hours, any uptime or downtime calculation will exclude periods affected by such maintenance. Further, any downtime resulting from outages of third party connections or utilities or other reasonsbeyond BenefitEd’s control will a lso be excluded from any such calculation. Client's sole and exclusive remedy, a nd BenefitEd's entire lia bility, in connection with Service availa bility shall be that for each period of downtime la sting longer than one hour, BenefitEd will credit Client 5% of Monthly Service Fees for each period of 120 or more consecutive minutes of downtime; provided that no more than one such credit will accrue per day. Downtime will begin to accrue as soon as Client (with notice to BenefitEd) recognizes that downtime is taking place, and continues until the availability of the BenefitEd Pla tform is restored. In order to receive downtime credit, Client mustnotify BenefitEd in writing within 24 hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit. Such credits may not be redeemed for cash and shall not be cumulative beyond a total of credits of 25% of the Monthly Service Fees in any one (1) calendar month in any event. BenefitEd will only apply a credit to the month in which the incident occurred. BenefitEd’s blocking of data communications or other services in accordance with its policies shall not be deemed to be a fa ilure of BenefitEd to provide adequate service levels under this Agreement.
Service Level Terms. 4.1 Clause 1 of Appendix 1 of the Direct Fibre Access Service – Service Level Terms does not apply to the provisioning of the WSNB Dark Fibre Service and is replaced with the following service levels, which shall be treated as Core Service Levels for the WSNB Dark Fibre Service:
