Service Rebates Sample Clauses
The Service Rebates clause establishes the conditions under which a service provider must offer financial compensation or credits to the client if agreed service levels are not met. Typically, this clause outlines specific performance metrics or benchmarks, such as uptime guarantees or response times, and details the calculation and application of rebates when these standards are not achieved. Its core practical function is to incentivize consistent service quality and provide a remedy for the client in cases of underperformance, thereby allocating risk and ensuring accountability.
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Service Rebates. If specified in Schedule F and if seller is responsible for failing to achieve a service level, seller: must pay service rebates to buyer in accordance with Schedule F; acknowledges that any service rebates calculated in accordance with Schedule F are a genuine pre-estimate of the loss and damage buyer will suffer because of the service level failure; acknowledges that payment of any service rebates will be without prejudice to any other rights or remedies buyer has against seller under, or arising from, this contract because of the service level failure; and will not be liable to pay any service rebates to the extent the service level failure was caused by buyer’s failure to comply with the contract. The parties agree that the total amount of service rebates payable by seller under this contract must not exceed the total amount of the charges payable to seller under this contract. GST and other taxes All taxes imposed or levied in Australia or overseas in connection with this contract will be the responsibility of seller. In this clause 11.5, a word or expression defined in the GST Act has the meaning given to it in that Act. If a party (supplier) makes a supply under or in connection with this contract in respect of which GST is payable, the recipient of the supply must pay to the supplier, an additional amount equal to the GST payable on the supply. Maximum charges payable Notwithstanding any other provision of this contract (other than clause 11.7) buyer has no liability to pay charges to seller to the extent that those charges exceed the maximum charges payable. Late payment of invoices This clause 11.7 only applies where: the value of this contract is not more than $1 million (GST inclusive); and amount of the interest payable exceeds $100 (GST inclusive). buyer must pay interest on late payments to seller as follows: for payments made by buyer between 30 days and up to 60 days after the amount became due and payable, only where seller issues a correctly rendered invoice for the interest; or for payments made by buyer more than 60 days after the amount became due and payable, buyer will pay the interest accrued together with the payment. Interest payable under this clause 11.7 will be simple interest on the unpaid amount at the general interest charge rate, calculated in respect of each day after the amount was due and payable, up to and including the day buyer effects payment as represented by the following formula: SI = UA x GIC x D, where: SI = si...
Service Rebates. Not applicable
Service Rebates. (a) Installation Rebates Subject to the rebate conditions and exemptions listed in clauses 2.2 and 2.3 of this Part 2 and in the event of Fuse Technology failing to meet the Installation Lead Time Targets, You will be entitled to claim a rebate in accordance with the rates set out below. Up to 5 Business Days delay Half of the total Monthly Recurring Fees for the first month for the delayed IP-Line Service and accompanying Access.
Service Rebates. If NEXTDC fails to meet the Service Availability Target in the relevant calendar month, then the customer may be eligible to claim a service rebate to be paid to the customer in the form of a credit as shown in the table below: Medium < 99.95% and ≥ 99.5% 25% of the recurring fee for the month during which the service is affected High < 99.5% 50% of the recurring fee for the month during which the service is affected Notes: The PLR target does not apply to a service where a five-minute average traffic load of more than 70% of the available bandwidth is measured for either incoming or outgoing traffic. A traffic rate limiting feature may be provided to you by AXON for your convenience. The PLR target therefore does not apply where packet loss is due to rate limiting.
Service Rebates. (a) Installation Rebates Subject to the rebate conditions and exemptions listed in clauses 2.2 and 2.3 of this Part 2 and in the event of Fuse Technology failing to meet the Installation Lead Time Targets, You will be entitled to claim a rebate in accordance with the rates set out below.
Service Rebates. (a) Subject to the conditions and exemptions below, our failure to meet the Service Availability Target for the Service, will entitle you to the following Service Rebates:
(i) Nil if the monthly availability of the Service is 99.5% or greater;
(ii) 5% of the monthly Charges availability of the Service is between 98% and 99.5%. (iii) 10% of the monthly Charges availability of the Service is between 95% and 97.99%.
(iv) 15% of the monthly Charges availability of the Service is at or below 94.99%
(b) The following conditions apply to the Service Rebates:
(i) Service Rebates apply only to availability of the Service on our side of the service demarcation point;
(ii) The maximum Service Rebate payable for a Service in a calendar month is capped at 15% of the total monthly charges for the Service in a calendar month;
(iii) The payment of a Service Rebate is your sole remedy for our failure to meet the relevant Service Availability Target;
(iv) You must apply for a Service Rebate by contacting us and following the prescribed process for obtaining Service Rebates within thirty (30) calendar days of the end of the calendar month to which the Service Rebate applies;
(v) The Service Rebate is only to be applied by way of a credit, and cannot be redeemed for cash; and
(vi) Services Rebates will not apply where one or more of the exemptions (outlined below) apply.
Service Rebates. 11.4.1 If specified in Schedule G and if seller is responsible for failing to achieve a service level, seller:
a) must pay service rebates to buyer in accordance with Schedule G; b) acknowledges that any service rebates calculated in accordance with Schedule G are a genuine pre-estimate of the loss and damage buyer will suffer because of the service level failure;
Service Rebates. Service Rebates become due when one or more of the following occurs: • TNPA/NPA service levels are not met; • NRT exceeds 110% of the agreed level; • Service Reliability Metric exceeds the agreed level; • Service Degradation has been demonstrated. For every Virtual Circuit failing to meet the above service parameters, Service Rebates will be due. The rebates will be calculated for each Virtual Circuit failing to meet the service parameters as a percentage of the Relevant Monthly Charges assigned to the two end points of the Virtual Circuit. If a Virtual Circuit fails to meet the service parameters, Service Rebates are always due for both end points of that Virtual Circuit, i.e. for both User Sites connected via the affected Virtual Circuit. The Relevant Monthly Charge assigned to the end point of a Virtual Circuit is listed in the Service Particulars and is the total monthly charge for a User Site divided by the total number of Virtual Circuits of that User Site (or some other mutually agreed apportion of the total monthly charge over the Virtual Circuits at that User Site). The rebates for the different types of service parameters are cumulative. However, the total amount of Service Rebates for a User Site in any calendar month can be no more than 100% of the total monthly charges for that User Site.
Service Rebates. The Service Attributes define the level of service that We are committed to delivering to You;