Common use of Disruption of Service Clause in Contracts

Disruption of Service. The Services are not fail-safe and are not designed or intended for use in situations requiring fail-safe performance or in which an error or interruption in the Services could lead to severe injury to business, persons, property or environment (“High Risk Activities”). These High Risk Activities may include, without limitation, vital business or personal communications, or activities where absolutely accurate data or information is required. You expressly assume the risks of any damages resulting from High Risk Activities. We shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the Services, directly or indirectly caused by, or proximately resulting from, any circumstances beyond our control, including, but not limited to, causes attributable to you or your property; inability to obtain access to the Premises; failure of any cable signal at the transmitter; failure of a communications satellite; loss of use of poles or other utility facilities; strike; labor dispute; riot or insurrection; war; explosion; malicious mischief; fire, flood, lightening, earthquake, wind, ice, extreme weather conditions or other acts of God; failure or reduction of power; or any court order, law, act or order of government restricting or prohibiting the operation or delivery of the Services. It is your responsibility to report any outages or interruption of service to Polar. Outages isolated to a single Customer that are not reported to Polar will not be eligible for service credit. It will be Polar’s responsibility to act in a timely matter to restore service. If Polar is unable to restore service within forty-eight (48) hours, a prorated outage credit may be issued to you. If there is a reoccurrence of the same service outage for the same reason in a six month time span Polar will give a prorated outage credit from the issue date of the trouble ticket to the day cleared. No credits will be issued for outages less than 48 hours in duration unless you request it and it is approved by Polar. In the event of a service outage that impacts an entire group of customers, Polar will automatically give a prorated credit to all affected customers that are out of service for 48 hours or more. No service credits will be provided for outages caused by 3rd Parties or by Customer owned equipment. Any credits provided by Polar are at our sole discretion and in no event shall constitute or be construed as a course of conduct by Polar. EXCEPT AND UNLESS SPECIFICALLY PROHIBITED BY LAW, SUCH CREDIT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR AN INTERRUPTION OF SERVICE. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM WHATEVER CAUSE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS OR WAGES.

Appears in 3 contracts

Samples: Polar Service Agreement, Polar Service Agreement, Polar Service Agreement

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Disruption of Service. The Services are not fail-safe and are not designed or intended for use in situations requiring fail-safe performance or in which an error or interruption in the Services could lead to severe injury to business, persons, property or environment (“High Risk Activities”). These High Risk Activities may include, without limitation, vital business or personal communications, or activities where absolutely accurate data or information is required. You expressly assume the risks of any damages resulting from High Risk Activities. We shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the Services, directly or indirectly caused by, or proximately resulting from, any circumstances beyond our control, including, but not limited to, causes attributable to you or your property; inability to obtain access to the Premises; failure of any cable signal at the transmitter; failure of a communications satellite; loss of use of poles or other utility facilities; strike; labor dispute; riot or insurrection; war; explosion; malicious mischief; fire, flood, lightening, earthquake, wind, ice, extreme weather conditions or other acts of God; failure or reduction of power; or any court order, law, act or order of government restricting or prohibiting the operation or delivery of the Services. It is your responsibility to report any outages or interruption of service to PolarFoothills Communications. Outages isolated to a single Customer that are not reported to Polar Foothills Communications will not be eligible for service credit. It will be Polar’s Foothills Communications’ responsibility to act in a timely matter manner to restore service. If Polar Foothills Communications is unable to restore service within forty-eight (48) hours, a prorated outage credit may be issued to you. If there is a reoccurrence of the same service outage for the same reason in a six month time span Polar Foothills Communications will give a prorated outage credit from the issue date of the trouble ticket to the day cleared. No credits will be issued apply for outages less than 48 hours in duration unless duration. All requests for credit must be requested by you request it and it is approved are subject to approval by PolarFoothills Communications. In the event of a service outage that impacts an entire group of customers, Polar Foothills Communications will automatically give a prorated credit to all affected customers that are out of service for 48 hours or more. No service credits will be provided for outages caused by 3rd Parties or by Customer owned equipment. Any credits provided by Polar Foothills Communications are at our sole discretion and in no event shall constitute or be construed as a course of conduct by PolarFoothills Communications. EXCEPT AND UNLESS SPECIFICALLY PROHIBITED BY LAW, SUCH CREDIT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR AN INTERRUPTION OF SERVICE. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM WHATEVER CAUSE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS OR WAGES.

Appears in 2 contracts

Samples: Foothills Communications Service Agreement, Foothills Communications Service Agreement

Disruption of Service. The Services are not fail-safe and are not designed or intended for use in situations requiring fail-safe performance or in which an error or interruption in the Services could lead to severe injury to business, persons, property or environment (“High Risk Activities”). These High High-Risk Activities may include, without limitation, vital business or personal communications, or activities where absolutely accurate data or information is required. You expressly assume the risks of any damages resulting from High High-Risk Activities. We shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the Services, directly or indirectly caused by, or proximately resulting from, any circumstances beyond our control, including, but not limited to, causes attributable to you or your property; inability to obtain access to the Premises; failure of any cable signal at the transmitter; failure of a communications satellite; loss of use of poles or other utility facilities; strike; labor dispute; riot or insurrection; war; explosion; malicious mischief; fire, flood, lightening, earthquake, wind, ice, extreme weather conditions or other acts of God; failure or reduction of power; or any court order, law, act or order of government restricting or prohibiting the operation or delivery of the Services. It is your responsibility to report any outages or interruption of service to Polar. Outages isolated to a single Customer that are not reported to Polar will not be eligible for service credit. It will be Polar’s responsibility to act in a timely matter to restore service. If Polar is unable to restore service within forty-eight (48) hours, a prorated outage credit may be issued to you. If there is a reoccurrence of the same service outage for the same reason in a six six-month time span Polar will give a prorated outage credit from the issue date of the trouble ticket to the day cleared. No credits will be issued for outages less than 48 hours in duration unless you request it and it is approved by Polar. In the event of a service outage that impacts an entire group of customers, Polar will automatically give a prorated credit to all affected customers that are out of service for 48 hours or more. No service credits will be provided for outages caused by 3rd Parties or by Customer owned equipment. Any credits provided by Polar are at our sole discretion and in no event shall constitute or be construed as a course of conduct by Polar. EXCEPT AND UNLESS SPECIFICALLY PROHIBITED BY LAW, SUCH CREDIT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR AN INTERRUPTION OF SERVICE. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM WHATEVER CAUSE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS OR WAGES.

Appears in 2 contracts

Samples: Polar Service Agreement, Polar Service Agreement

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Disruption of Service. The Services are not fail-safe and are not designed or intended for use in situations requiring fail-safe performance or in which an error or interruption in the Services could lead to severe injury to business, persons, property or environment (“High Risk Activities”). These High Risk Activities may include, without limitation, vital business or personal communications, or activities where absolutely accurate data or information is required. You expressly assume the risks of any damages resulting from High Risk Activities. We shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the Services, directly or indirectly caused by, or proximately resulting from, any circumstances beyond our control, including, but not limited to, causes attributable to you or your property; inability to obtain access to the Premises; failure of any cable signal at the transmitter; failure of a communications satellite; loss of use of poles or other utility facilities; strike; labor dispute; riot or insurrection; war; explosion; malicious mischief; fire, flood, lightening, earthquake, wind, ice, extreme weather conditions or other acts of God; failure or reduction of power; or any court order, law, act or order of government restricting or prohibiting the operation or delivery of the Services. It is your responsibility to report any outages or interruption of service to PolarPeoples. Outages isolated to a single Customer that are not reported to Polar Peoples will not be eligible for service credit. It will be Polar’s Peoples’ responsibility to act in a timely matter manner to restore service. If Polar Peoples is unable to restore service within forty-eight (48) hours, a prorated outage credit may be issued to you. If there is a reoccurrence of the same service outage for the same reason in a six six-month time span Polar Peoples will give a prorated outage credit from the issue date of the trouble ticket to the day cleared. No credits will be issued apply for outages less than 48 hours in duration unless duration. All requests for credit must be requested by you request it and it is approved are subject to approval by PolarPeoples. In the event of a service outage that impacts an entire group of customers, Polar Peoples will automatically give a prorated credit to all affected customers that are out of service for 48 hours or more. No service credits will be provided for outages caused by 3rd Parties or by Customer owned equipment. Any credits provided by Polar Peoples are at our sole discretion and in no event shall constitute or be construed as a course of conduct by PolarPeoples. EXCEPT AND UNLESS SPECIFICALLY PROHIBITED BY LAW, SUCH CREDIT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR AN INTERRUPTION OF SERVICE. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM WHATEVER CAUSE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS OR WAGES.

Appears in 1 contract

Samples: Peoples Telecom Service Agreement

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