Common use of Additional Conditions for all Service Levels Clause in Contracts

Additional Conditions for all Service Levels. 6.1. Credits and/or other compensation under this SLA shall be payable only if all of the following conditions have been met: a) Customer was not, at the time of the Service Outage and at the time such credit is to be made, in breach of any of the terms and conditions of the Terms and Conditions, including this SLA; b) Customer has submitted to UnitedLayer within seven calendar days of the Service Outage a claim in writing to UnitedLayer at xxxxxxx@xxxxxxxxxxx.xxx identifying the circumstances in which Customer claims that the credit and/or compensation arose and marked in the subject line “claim for services credit”. Customer’s failure to notify UnitedLayer within the period stated above shall result in Customer’s waiver of its right to receive any such credit and/or other compensation; c) UnitedLayer has agreed in writing, acting reasonably and without undue delay, to issue such credit and/or other compensation in connection with such claim; d) Customer has not on more than two (2) occasions in the twelve (12) month period preceding the Service Outage for which a claim is being made, been more than ten (10) days delinquent in its payment obligations under any Service Order Form. e) Customer is not in violation of the Rules and Regulations or, if applicable, the ANSI/NFPA/NEC 70 power standard codes; f) Customer was not, at the time of the Service Outage and at the time such credit is to be made, if applicable, in violation of cold aisle/hot aisle design methods and best practices, including cabinet level air flow design and management set forth by UnitedLayer; and g) The Service Outage was not caused directly or indirectly, in whole or in part, by Scheduled Maintenance, Scheduled Downtime, Customer Cause or a Force Majeure. 6.2. The maximum monthly credit and/or compensation available under this SLA is limited to an amount not greater than one month’s MRC for the applicable Service. The credits set forth in this SLA shall be Customer’s sole and exclusive remedy for any Service Outage or any failure by UnitedLayer to meet its services requirements under the Terms and Condition, including this SLA, and the Service Order Form. 6.3. The aggregate of all credits in any month under this Service Level Agreement will be applied towards the invoice which Customer receives two months following the month in which the service level was exceeded. UnitedLayer reserves the right to amend the SLA from time to time. Changes to this SLA shall be effective when the same have been posted to UnitedLayer’s website.

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

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Additional Conditions for all Service Levels. 6.1. Credits and/or other compensation under this SLA shall be payable only if all of the following conditions have been met: a) Customer was not, at the time of the Service Outage and at the time such credit is to be made, in breach of any of the terms and conditions of the Terms and Conditions, including this SLA; b) Customer has submitted to UnitedLayer within seven calendar days of the Service Outage a claim in writing to UnitedLayer at xxxxxxx@xxxxxxxxxxx.xxx identifying the circumstances in which Customer claims that the credit and/or compensation arose and marked in the subject line “claim for services credit”. Customer’s failure to notify UnitedLayer within the period stated above shall result in Customer’s waiver of its right to receive any such credit and/or other compensation; c) UnitedLayer has agreed in writing, acting reasonably and without undue delay, to issue such credit and/or other compensation in connection with such claim; d) Customer has not on more than two (2) occasions in the twelve (12) month period preceding the Service Outage for which a claim is being made, been more than ten (10) days delinquent in its payment obligations under any Service Order Form. e) Customer is not in violation of the Rules and Regulations or, if applicable, the ANSI/NFPA/NEC 70 power standard codes; f) Customer was not, at the time of the Service Outage and at the time such credit is to be made, if applicable, in violation of cold aisle/hot aisle design methods and best practices, including cabinet level air flow design and management set forth by UnitedLayer; and g) The Service Outage was not caused directly or indirectly, in whole or in part, by Scheduled Maintenance, Scheduled Downtime, Customer Cause or a Force Majeure. 6.2. The maximum monthly credit and/or compensation available under this SLA is limited to an amount not greater than one month’s MRC for the applicable Service. The credits set forth in this SLA shall be Customer’s sole and exclusive remedy for any Service Outage or any failure by UnitedLayer to meet its services requirements under the Terms and Condition, including this SLA, and the Service Order Form. 6.3. The aggregate of all credits in any month under this Service Level Agreement will be applied towards the invoice which Customer receives two months following the month in which the service level was exceeded. UnitedLayer reserves the right to amend the SLA from time to time. Changes to this SLA shall be effective when the same have been posted to UnitedLayer’s website.. EXHIBIT B Terms and Conditions - -2012-v9

Appears in 1 contract

Samples: Terms and Conditions

Additional Conditions for all Service Levels. 6.1. Credits and/or other compensation under this SLA shall be payable only if all of the following conditions have been met: a) Customer was not, at the time of the Service Outage and at the time such credit is to be made, in breach of any of the terms and conditions of the Terms and Conditions, including this SLA; b) Customer has submitted to UnitedLayer UnitedPrivateCloud within seven calendar days of the Service Outage a claim in writing to UnitedLayer UnitedPrivateCloud at xxxxxxx@xxxxxxxxxxx.xxx xxxxxxx@XxxxxxXxxxxxxXxxxx.xxx identifying the circumstances in which Customer claims that the credit and/or compensation arose and marked in the subject line “claim for services credit”. Customer’s failure to notify UnitedLayer UnitedPrivateCloud within the period stated above shall result in Customer’s waiver of its right to receive any such credit and/or other compensation; c) UnitedLayer UnitedPrivateCloud has agreed in writing, acting reasonably and without undue delay, to issue such credit and/or other compensation in connection with such claim; d) Customer has not on more than two (2) occasions in the twelve (12) month period preceding the Service Outage for which a claim is being made, been more than ten (10) days delinquent in its payment obligations under any Service Order Form. e) Customer is not in violation of the Rules and Regulations or, if applicable, the ANSI/NFPA/NEC 70 power standard codes; f) Customer was not, at the time of the Service Outage and at the time such credit is to be made, if applicable, in violation of cold aisle/hot aisle design methods and best practices, including cabinet level air flow design and management set forth by UnitedLayerUnitedPrivateCloud; and g) The Service Outage was not caused directly or indirectly, in whole or in part, by Scheduled Maintenance, Scheduled Downtime, Customer Cause or a Force Majeure. 6.2. The maximum monthly credit and/or compensation available under this SLA is limited to an amount not greater than one month’s MRC for the applicable Service. The credits set forth in this SLA shall be Customer’s sole and exclusive remedy for any Service Outage or any failure by UnitedLayer UnitedPrivateCloud to meet its services requirements under the Terms and Condition, including this SLA, and the Service Order Form. 6.3. The aggregate of all credits in any month under this Service Level Agreement will be applied towards the invoice which Customer receives two months following the month in which the service level was exceeded. UnitedLayer UnitedPrivateCloud reserves the right to amend the SLA from time to time. Changes to this SLA shall be effective when the same have been posted to UnitedLayerUnitedPrivateCloud’s website.

Appears in 1 contract

Samples: Terms and Conditions

Additional Conditions for all Service Levels. 6.1. Credits and/or other compensation under this SLA shall be payable only if all of the following conditions have been met: a) Customer was not, at the time of the Service Outage and at the time such credit is to be made, in breach of any of the terms and conditions of the Terms and Conditions, including this SLA;. b) Customer has submitted to UnitedLayer within seven calendar days of the Service Outage a claim in writing to UnitedLayer at xxxxxxx@xxxxxxxxxxx.xxx identifying the circumstances in which Customer claims that the credit and/or compensation arose and marked in the subject line “claim for services credit”. Customer’s failure to notify UnitedLayer within the period stated above shall result in Customer’s waiver of its right to receive any such credit and/or other compensation;. c) UnitedLayer has agreed in writing, acting reasonably and without undue delay, to issue such credit and/or other compensation in connection with such claim;. d) Customer has not on more than two (2) occasions in the twelve (12) month period preceding the Service Outage for which a claim is being made, been more than ten (10) days delinquent in its payment obligations under any Service Order Form. e) Customer is not in violation of the Rules and Regulations or, if applicable, the ANSI/NFPA/NEC 70 power standard codes;. f) Customer was not, at the time of the Service Outage and at the time such credit is to be made, if applicable, in violation of cold aisle/hot aisle design methods and best practices, including cabinet level air flow design and management set forth by UnitedLayer; and g) The Service Outage was not caused directly or indirectly, in whole or in part, by Scheduled Maintenance, Scheduled Downtime, Customer Cause or a Force Majeure. 6.2. The maximum monthly credit and/or compensation available under this SLA is limited to an amount not greater than one month’s MRC for the applicable Service. The credits set forth in this SLA shall be Customer’s sole and exclusive remedy for any Service Outage or any failure by UnitedLayer to meet its services requirements under the Terms and Condition, including this SLA, and the Service Order Form. 6.3. The aggregate of all credits in any month under this Service Level Agreement will be applied towards the invoice which Customer receives two months following the month in which the service level was exceeded. UnitedLayer reserves the right to amend the SLA from time to time. Changes to this SLA shall be effective when the same have been posted to UnitedLayer’s website.. Disaster (P1) UnitedLayer Cloud Platform issues are categorized as Disaster(P1) if any of the below functionality/modules are impacted. • Portal Accessibility & user Sessions • Remote Access • Alert Management • Ticket Management 15 minutes Updates every 1 hour until resolution Phone Only Critical (P2) Regression issues identified by UnitedLayer will be categorized as “P2” 2 hours 1 day for non- development items issue fixes. Any development effort will be prioritized for the next minor release. Portal/Email High (P3) Any Bugs identified in the UnitedLayer Cloud Platform will be categorized as “P3” 1 Day Every Business Day updates will be shared. Will be prioritized for next major release after validation. Portal/Email Low (P4) Any issue which is not causing major impact will be considered as minor issue 1 Day Every Two Business Day updates will be shared. Portal/Email

Appears in 1 contract

Samples: Terms and Conditions

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Additional Conditions for all Service Levels. 6.1. Credits and/or other compensation under this SLA shall be payable only if all of the following conditions have been met: a) Customer was not, at the time of the Service Outage and at the time such credit is to be made, in breach of any of the terms and conditions of the Terms and Conditions, including this SLA; b) Customer has submitted to UnitedLayer United Private Cloud within seven calendar days of the Service Outage a claim in writing to UnitedLayer United Private Cloud at xxxxxxx@xxxxxxxxxxx.xxx identifying the circumstances in which Customer claims that the credit and/or compensation arose and marked in the subject line “claim for services credit”. Customer’s failure to notify UnitedLayer United Private Cloud within the period stated above shall result in Customer’s waiver of its right to receive any such credit and/or other compensation; c) UnitedLayer United Private Cloud has agreed in writing, acting reasonably and without undue delay, to issue such credit and/or other compensation in connection with such claim; d) Customer has not on more than two (2) occasions in the twelve (12) month period preceding the Service Outage for which a claim is being made, been more than ten (10) days delinquent in its payment obligations under any Service Order Form. e) Customer is not in violation of the Rules and Regulations or, if applicable, the ANSI/NFPA/NEC 70 power standard codes; f) Customer was not, at the time of the Service Outage and at the time such credit is to be made, if applicable, in violation of cold aisle/hot aisle design methods and best practices, including cabinet cabinet-level air flow airflow design and management set forth by UnitedLayerUnited Private Cloud; and g) The Service Outage was not caused directly or indirectly, in whole or in part, by Scheduled Maintenance, Scheduled Downtime, Customer Cause Cause, or a Force Majeure. 6.2. The maximum monthly credit and/or compensation available under this SLA is limited to an amount not greater than one month’s MRC for the applicable Service. The credits set forth in this SLA shall be Customer’s sole and exclusive remedy for any Service Outage or any failure by UnitedLayer United Private Cloud to meet its services requirements under the Terms and Condition, including this SLA, and the Service Order Form. 6.3. The aggregate of all credits in any month under this Service Level Agreement will be applied towards the invoice which Customer receives two months following the month in which the service level was exceeded. UnitedLayer United Private Cloud reserves the right to amend the SLA from time to time. Changes to this SLA shall be effective when the same have has been posted to UnitedLayerUnited Private Cloud’s website.

Appears in 1 contract

Samples: Terms and Conditions

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