SLA Exclusions Sample Clauses

SLA Exclusions. SLAs do not apply and LightEdge is not responsible for failure to meet an SLA resulting from: - failure of Customer to comply with other LightEdge agreement terms including the Master Agreement and Acceptable Use Policy which attributes to Service failure. - failure of Customer to cooperate with LightEdge during testing, installation, maintenance or troubleshooting activities which attributes to Service failure. - Service interruptions, deficiencies, degradations caused by 3rd party service providers (outside of LightEdge control). - Force Majeure as defined in the Master Agreement. - outages or impact caused by Customer, including applications, equipment, facilities or users of the Service. - failure to adhere to LightEdge recommended configurations as documented in Service Guides. - for any Services where Service Platform infrastructure must be deployed outside of a LightEdge data center, when Customer fails to provide suitable secure environment for infrastructure including but not limited to: secure mounting/racking, appropriate cooling and air handling and secure from theft. In addition, SLAs do not apply: - where Customer reports an SLA failure, but LightEdge does not find any SLA failure. - when a Service outage is caused by another Service with lower SLA. For example, if Customer is unable to access their Virtual Private Cloud Service (100% SLA) across the Internet (99.99% SLA), that failure does not constitute a Service outage of the Virtual Private Cloud Service.

SLA Exclusions. Service Levels and Service Level Credits apply only to Customer and not to any customers of Customer or to any other party. Customer is not entitled to any Service Level Credit if Customer (a) has not paid all undisputed Fees due, (b) is in breach of this Agreement, or (c) has failed to provide Element Critical appropriate access to enable Element Critical to provide Services. In addition, Element Critical shall have no liability to provide the Services in accordance with any applicable Service Level or to provide any Service Level Credits if the failure to provide the Services in accordance with the Service Level is due, to any of the following: (a) Activation Date. Events occurring before the Service Commencement Date. (b) Element Critical Internal Maintenance. Periodic repairs, upgrades and modifications to shared core infrastructure in the applicable region if Element Critical provides notice at least seven (7) calendar days in advance (“Scheduled Maintenance”). (c) Customer Acts. Matters caused by Customer acts or acts of others engaged or authorized by Customer, including without limitation, any negligence or willful misconduct or any breach of the MSA, any breach of any Element Critical’s Policies and Procedures, and the tripping open or malfunctioning of a circuit breaker as a result of Customer or any of Customer’s end users, invitees, or customers overloading the circuit.

SLA Exclusions. This SLA and any applicable Service Levels do not apply to any performance or availability issues: i. Due to factors outside 21Vianet’s reasonable control (for example, a network or device failure external to 21Vianet’s data centers, including at Customer’s site or between Customer’s site and 21Vianet’s data center); ii. That resulted from Customer’s use of hardware, software, or services not provided by 21Vianet as part of the Services (for example, third-party software or services purchased from the Azure Store or other non-Azure services provided by 21Vianet); iii. Due to Customer’s use of the Service in a manner inconsistent with the features and functionality of the Service (for example, attempts to perform operations that are not supported) or inconsistent with published documentation or guidance; iv. That resulted from faulty input, instructions, or arguments (for example, requests to access files that do not exist); v. Caused by Customer’s use of the Service after 21Vianet advised Customer to modify its use of the Service, if Customer did not modify its use as advised; vi. During or with respect to Previews or to purchases made using 21Vianet subscription credits; vii. That resulted from Customer’s attempts to perform operations that exceed prescribed quotas or that resulted from throttling of suspected abusive behavior; viii. Due to Customer’s use Service features that are outside of associated Support Windows; or ix. Attributable to acts by persons gaining unauthorized access to 21Vianet’s Service by means of Customer’s passwords or equipment or otherwise resulting from Customer’s failure to follow appropriate security practices.

SLA Exclusions. Notwithstanding anything contained herein, Verizon shall not be responsible or liable (including, without limitation, payment of any non performance credits to Customer as described above) for its failure to meet any such SLAs described above to the extent that such failure is due to or arising in connection with any of the following, each an “Excusable Failure”:  any act or omission of Customer or Customer’s third party vendors including without limitation, any delays by Customer’s third party vendors in responding or providing the necessary fix or resolution to the problem or any inaccurate or inappropriate instructions or information provided by Customer’s third party vendors to Verizon;  any failure by Customer’s third party vendors to comply with its respective responsibilities under this Agreement or based on any agreement (written or oral) between Customer’s third party vendors;  The occurrence of any events outside the control of Verizon. In no event shall Verizon be obligated to resolve any problems not reasonably determined by Verizon as problems attributable to the applicable Software or supported components;  Periods when Customer has released the Platform to Verizon for maintenance, planned downtime, upgrades, testing or rearrangement purposes, or for the implementation of a Customer approved change or when Customer continues to use the Platform on an impaired basis against Verizon’s recommendation. Maintenance windows will be mutually agreed upon during the support on-boarding process and will incorporate Customer’s current maintenance windows.  Outages caused by call routing scripts or other customizations written or modified by end User or end user’s third party vendors (other than third party vendors acting as Verizon’s subcontractor).

SLA Exclusions. The Service Commitment does not apply to any Unavailability:

SLA Exclusions. Service Levels and Service Level Credits apply only to Customer and not to any customers of Customer or to any other party. Customer is not entitled to any Service Level Credit if Customer (a) has not paid all undisputed Fees due, (b) is in breach of this Agreement, or (c) has failed to provide Element Critical appropriate access to enable Element Critical to provide Services. In addition, Element Critical shall have no liability to provide the Services in accordance with any applicable Service Level or to provide any Service Level Credits if the failure to provide the Services in accordance with the Service Level is due, to any of the following: (a) Activation Date. Events occurring before the Service Commencement Date. (b) Element Critical Internal Maintenance. Periodic repairs, upgrades and modifications to shared core infrastructure scheduled for off-peak hours in the applicable region if Element Critical provides notice at least seven (7) calendar days in advance (“Scheduled Maintenance”). (c) Customer Acts. Matters caused by Customer acts or acts of others engaged or authorized by Customer, including without limitation, any negligence or willful misconduct or any breach of the MSA, any breach of any Element Critical’s Policies and

SLA Exclusions. SLAs do not apply and LightEdge is not responsible for failure to meet an SLA resulting from: - failure of Customer to comply with other LightEdge agreement terms including the Master Agreement and Acceptable Use Policy which substantially attributes to Service Failure. - failure of Customer to reasonably cooperate with LightEdge during testing, installation, maintenance or troubleshooting activities, and such cooperation is not provided after LightEdge notifies Customer that it is not cooperating, which substantially attributes to Service Failure or substantially extends the duration of Service Failure. - Service Failures solely caused by Customer or agent of Customer. - an inability to utilize Service due to a network issue outside of LightEdge control. For example, if Customer is unable to access their equipment collocated at a LightEdge data center because the Internet at their office went down, that does not constitute a Service Failure of the LightEdge Colocation Service. - failure to adhere to LightEdge recommended configurations as documented in Service Guides and communicated to Customer via Ticket prior to such Service Failure. - for any Services where Service Platform infrastructure must be deployed outside of a LightEdge data center, when Customer fails to provide suitable secure environment for infrastructure including but not limited to securely mounting/racking infrastructure, appropriate cooling and air handling of environment or securing infrastructure from theft. In addition, SLAs do not apply: - where Customer reports an SLA failure, but LightEdge does not find any SLA failure using commercially reasonable efforts to do so. - when a Service Failure could have reasonably been prevented or mitigated by Customer. For example, if LightEdge provides redundant Ethernet connections to Customer but Customer only utilizes one connection, and Service Incident or Problem would not have impacted Customer had they been properly utilizing the redundant connection provided by LightEdge.

SLA Exclusions. The SLA does not apply for any performance issues: (i) caused by factors described in the “Force Majeure” section of the Agreement; or (ii) that resulted from Customer’s equipment or Customer’s third party equipment, or both (not within the primary control of PredictSpring). Major features provided by PredictSpring Mobile platform. These features are dependent on customer providing appropriate access to APIs and data.

SLA Exclusions. 11.1. The SLA does not apply to any performance or availability issues due to: a) factors outside Keepit’s reasonable control (for example outage by an infrastructure provider or a SaaS Workload(s), or a force majeure event); b) the Customer's, end-user's, or any third-party's equipment, services, actions or lack thereof; and/or c) Keepit’s scheduled maintenance or version upgrades.