Uptime Availability. If EFI fails to achieve the availability percentage for two (2) consecutive calendar months, then, as the customer’s sole remedy for such failure, the customer will be granted Service Credits. Service Credits are calculated as a percentage of the total charges paid by the customer to EFI in the region affected by unavaila- bility in accordance with the schedule below. Monthly Uptime Percentage Service Credit Percentage Less than 99.7% but equal to or greater than 99.0% 10% Less than 99.0% 30% In the event that the customer elects to terminate this agreement for failure to achieve the Availability Percentage for six (6) consecutive calendar months within the notice period given below, then no refunds shall be issued with respect to such affected months. EFI will apply Service Credits only against future payments due from the Company. Service Credits will not entitle the customer to a refund or other payment from EFI. Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the EFI Agreement, the customer’s sole remedy for any unavailability, non-performance, or other failure by EFI to provide Uptime is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
Uptime Availability. AMCS implement Availability Tests to verify Uptime. Such Availability Tests continuously test the health of each environment across multiple geographic locations. Availability Tests are currently automatically conducted every five (5) minutes, mirroring that currently available from Microsoft. If Microsoft increase the frequency of the Availability Tests AMCS shall apply the such same increased frequency to the Availability Tests.
Uptime Availability. If Docebo fails to achieve the Availability Percentage for two (2) consecutive calendar months, then, as the Company’s sole remedy for such failure, the Company will be granted Service Credits. Service Creditsare calculated as a percentage of the total charges paid by the Company to Docebo in the Region affected by Unavailability in accordance with the schedule below. In the event that the Company elects to terminate this Agreement for failure to achieve the Availability Percentage for six (6) consecutive calendar months within the notice period given below, then no refunds shall be issued with respect to such affected months. Monthly Uptime Percentage Service Credit Percentage Less than 99.9% but equal to or greater than 99.0% 10% Less than 99.0% 30% Docebo will apply Service Credits only against future payments due from the Company. Service Credits will not entitle Company to a refund or other payment from Docebo. Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Docebo Agreement, the Company’s sole remedy for any unavailability, non-performance, or other failure by Docebo to provide Uptime is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA. To receive a Service Credit, the Customer must submit a claim by within 30 days after the reported issue via a support claim ticket and email to designated Customer Success team reporting ticket number. If the Monthly Uptime Percentage of such request is confirmed by Docebo and is less than the Service Commitment, then Docebo will issue the Service Credit to Customer within one billing cycle following the month in which your request is confirmed by Docebo. Customer’s failure to provide the request and other information as required above will disqualify Customer from receiving a Service Credit.
Uptime Availability. The Hosted Services shall be available twenty four (24) hours per day, 365 days per year, with an availability (including uptime availability) of at least 99.9% as measured on a monthly basis. In addition to its other remedies, in the event that the Hosted Services fail to meet an availability of 99.9% in any calendar month, the JBE will be entitled to a service credit equal to five percent of the monthly Hosted Services fee for each 30 minutes of unavailability below 100% in that month. All daily service credits accrued during a month will be aggregated to produce a total credit due for that month. Contractor will provide a report to the JBE by the tenth day of each calendar month detailing the percentage availability of the Hosted Services for the previous month. The report will be in a format, and contain such information, as may be reasonably be required by the JBE. If the Hosted Services monthly availability averages less than 100% for three (3) or more months in a rolling twelve-month period, the JBE may terminate in whole or in part the Statement of Work or the Agreement for material breach. The service level credits and termination rights in this paragraph are in addition to the JBE’s other remedies under the Agreement.
Uptime Availability. Peritus has established the Software Services such that it should be available at least 99.5% of the time on a 24/7/365 basis (“Availability Percentage”). If Peritus fails to achieve the Availability Percentage for two consecutive calendar months, then, as the Customer’s sole remedy for such failure, the Customer may elect to terminate this Agreement within 30 days after the end of the second month’s measurement period by delivering Peritus written notice of such termination. If the Customer fails to deliver such notice within such 30-day period, the Customer’s right to terminate for such failure is waived, without prejudice to any rights to terminate under this section for future failures to achieve the Availability Percentage.
Uptime Availability. IPC will use commercially reasonable efforts to make the Services provided under the Agreement available with an Uptime Percentage during the Measurement Period as set forth in the matrix below. The Uptime SLA is dependent upon Customer’s Configuration Type (as outlined above): Configuration Type % Commitment 2 99.99% 3 99.99% 4 99.999% 5 99.999% 6 99.9999% Service Uptime for Connexus Unigy Services is measured within a calendar month and is based upon Customer’s configuration of the Services with the corresponding % Commitment of uptime provided by IPC as specified in this table. In all instances, performance is measured using IPC’s network management systems and is the sole and conclusive measurement for the purpose of each guarantee. The Services include minimum guaranteed service levels which are described in this SLA. Failure of IPC to meet the performance criteria described herein shall entitle Customer to Service Credits in accordance with the terms below. Performance criteria will be evaluated on a per calendar month basis, using a 30-day period. Uptime Percentage shall be calculated as follows: Uptime Percentage = (Uptime – Downtime) * 100 Uptime Uptime Percentage is calculated on the basis of the aggregate Service Uptime of all Users for the Services.
Uptime Availability. Uptime availability is the number of hours the Software is available for use by Sprint in a month, expressed as a percentage of the total hours during said month. During each calendar month during the term of this Agreement, Supplier will maintain the Software covered under Support Service under this Agreement at an uptime availability average of ***, unless another value is specified in the Order ("Uptime Standard"). If any Software falls below the Uptime Standard in a given month, Sprint will notify Supplier thereof. Supplier will have thirty (30) days following such notice to correct the situation and meet the Uptime Standard. If Supplier is unable to repair the Software and it falls below the Uptime Standard for a second month, Supplier will be in default of this Agreement, and Sprint may exercise its remedies pursuant to this Agreement. In the event that the Software completely fails to perform in Sprint's environment and such problem is not corrected within ten (10) days following notice to Supplier thereof, Supplier will be in default of this Agreement, and Sprint may exercise its remedies pursuant to this Agreement.
Uptime Availability. IPC will use commercially reasonable efforts to make the Services provided under the Agreement available with an Uptime Percentage equal to or greater than 98% during the Measurement Period. Service Uptime for Connexus Unigy Services is measured within a calendar month and is based upon Customer’s configuration of the Services with the corresponding % Commitment of uptime provided by IPC as specified in this table. In all instances, performance is measured using IPC’s network management systems and is the sole and conclusive measurement for the purpose of each guarantee. The Services include minimum guaranteed service levels which are described in this SLA. Failure of IPC to meet the performance criteria described herein shall entitle Customer to Service Credits in accordance with the terms below. Performance criteria will be evaluated on a per calendar month basis, using a 30-day period. Uptime Percentage shall be calculated as follows: Uptime Percentage = (Uptime – Downtime) * 100 Uptime Uptime Percentage is calculated on the basis of the aggregate Service Uptime of all Users for the Services.
