Availability and Service Credits Sample Clauses

Availability and Service Credits. 1. The Provider shall provide the respective Service at the Handover Point during the Service Provision Period with the Availability as described in the respective Pricing & Conditions. Except as otherwise agreed, an availability of 99.50% per month shall be deemed agreed. 2. The Provider is not required to make the Service available for use in case of Service Provision Period scheduled Maintenance Work according to Section 6. If the Service is available in case of scheduled Maintenance Work according to Section 6, the use of the Service is at risk of Customer. Customer accepts that in case of scheduled Maintenance Work the use of the Service might be limited regarding functionalities or performance and/or that the Service shall be switched off or restarted without notice. If the Service is made available in case of scheduled Maintenance Work and there is a reduction in the functions or functionality of the Service or a reduction of the Availability, Customer shall have no claim for breach of warranty or be entitled to any compensation. 3. The Availability of the Service is calculated according to the following formula as the percentage proportion of time in the course of a calendar month during the Service Provision Period. 4. When calculating the Availability, Downtimes for which the Provider is not responsible, are considered as available times. These Downtimes include the following: a. Downtimes due to scheduled or unscheduled Maintenance Work as defined Section 6; b. Downtimes due to Maintenance Work agreed with the Customer in advance; c. Downtimes due to operational disruptions caused by a force majeure event or other unavoidable events beyond Provider’s control, which could not be averted with reasonable effort, which could not have been foreseen even when exercising with due care, and which make Provider’s obligations under this SLA considerably more difficult or completely or partially impossible, such as strikes, lockouts, exceptional weather conditions, power outages, operational or traffic disruptions and transport obstructions and which discharge Provider from its obligations under this SLA for the duration of such an event; d. Downtimes due to virus or hacker attacks, unless the Provider has not taken the reasonable protective measures in accordance with section 7; e. Downtimes due to interruptions caused by the Customer; f. Downtimes due to software errors in Customer’s applications or due to errors in the system and system-related software...
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Availability and Service Credits a. Service Credit Definition and Calculation. Subject to the exclusions noted below, if in any given month Subscriber reports a Priority 1 or 2 Issue, and it takes Appian longer than the percentage of time occurring in the applicable month noted below (“Aggregate Availability”) to provide a corresponding Correction in accordance with the applicable Technical Support Availability hours noted in the chart above, Appian will provide Subscriber with a credit of the percentage of the sum of the applicable monthly subscription fee and monthly Support fees in effect during the applicable month in the amount described below (each such credit is referred to as a “Service Credit”). The Aggregate Availability for Priority 1 Issues is calculated as 100 percent minus the quotient of the time required by Appian to provide Corrections for all Priority 1 Issues reported in a month, divided by the total number of minutes occurring in that month. Likewise, the Aggregate Availability for Priority 2 Issues is calculated as +100 percent minus the quotient of the time required by Appian to provide Corrections for all Priority 2 Issues reported in a month divided by the total number of minutes occurring in that month. The Service Credits are Appian’s exclusive obligation, and Subscriber’s sole remedy associated with any Issues. A Priority 1 Issue may not be reported both as a Priority 1 and a Priority 2 Issue. Priority Level Monthly Availability % Service Credit* Priority 1 <99.8% but ≥ 99.0% <99.95% but ≥ 99.0% <99.99% but ≥ 99.0% 10% <99.0% <99.0% <99.0% 30% Priority 2 <99.0% <99.0% <99.0% 15% *Credit percentages are as a percentage of the sum of monthly applicable subscription fee for Subscriber’s subscription to use the Cloud Offering and the monthly Support fees in the applicable Order Form. If the subscription fee for the Cloud Offering is paid other than monthly, the monthly subscription fee shall be calculated as the pro rata equivalent of one month of the subscription fee specified in the applicable Order Form.
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Availability and Service Credits. 9.4.1 The availability of the PTV Cloud Service is determined on the basis of the following values which are calculated as a time percentage over a month, excluding the time slots reserved for Planned Maintenance: The actual availability of the PTV Cloud Service is 9.4.2 Support requests can be sent to xxxxxxx.xxxxxxxxx@xxxxxxxx.xxx. 9.4.3 If PTV does not meet the indicated availability for the PTV Cloud Service including times for unavailability according to sec. 9.4.4, VAR is eligible for a service credit for unavailability as described in this sec. 9.4.3.‌ The service credit as described in this sec. 9.4.3 is VAR’s sole and exclusive remedy and PTV’s sole liability for unavailability of the PTV Cloud Service. Service credits are calculated as a percentage of the total fees VAR owes to PTV for services each month as follows: 🠶 100% - 99,9%: 0% service credit 🠶 99,89% - 99,0%: 10% service credit 🠶 Less than 99,0%: 20% service credit. In order for PTV to consider a claim, VAR must submit to PTV within thirty (30) days following the end of the unavailability a full report with all necessary information, in particular a detailed description of the incident(s), information about time and duration of the incident, a network traceroute, affected URL(s) and a description of all of VAR’s attempts to resolve the incident at the time of occurrence. This report together with supporting evidence must be submitted within thirty (30) days following the end of the unavailability via email at xxxxxxxxxxxxxxx@xxxxxxxx.xxx. 9.4.4 In determining unavailability, a period of unavailability is excluded from consideration for a service credit if‌
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Availability and Service Credits. Licensor guarantees the Software will have a minimum ninety- nine and nine-tenths percent (99.9%) System Uptime. The maintenance schedule for Scheduled Downtime is available up to three (3) months in advance.
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Availability and Service Credits. The Paxata Product is subject to the service availability levels and service credits described in Paxata’s Service Level Standards available at xxxx://xxx.xxxxxx.xxx/agreements/sla.
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Availability and Service Credits. The Service is subject to Exhibit B (Service Levels).
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Related to Availability and Service Credits

  • Service Credits Employees on parental leave shall be entitled to normal accumulation of service credits for the duration of the parental leave.

  • Service Credit To the extent that any Transferred Employee’s acquired rights are not already protected by the Transfer Regulations or other applicable Law, Purchaser shall, and shall cause its Affiliates to, recognize the prior service of, or recognized with respect to, each Transferred Employee as if such service had been performed with Purchaser for all purposes, including eligibility, vesting, service-related level of benefits and benefit accrual (except for any benefit accruals for U.S. union and non-union hourly Transferred Employees under the defined benefit Rexam Pension Plan, provided that such service for benefit accruals purposes under the Rexam Pension Plan shall be recognized for purposes of early retirement subsidies in accordance with Schedule 5.1(h)) under the employee benefit plans and policies provided by Purchaser to such Transferred Employee following the Closing, to the same extent such service was recognized by Seller, Rexam or any of their respective Affiliates, as applicable, immediately prior to the Closing. Purchaser shall, or shall cause its Affiliates (including the Purchased Entities) to, (i) waive any preexisting condition limitations otherwise applicable to Transferred Employees and their eligible dependents under any plan of Purchaser or any Affiliate of Purchaser that provides health or life benefits in which the Transferred Employees may be eligible to participate following the Closing, other than any limitations that were in effect with respect to a Transferred Employee as of the Closing under the analogous Employee Benefit Plan, (ii) honor any deductible, co-payment and out-of-pocket maximums incurred by the Transferred Employees and their eligible dependents under the health plans in which they participated immediately prior to the Closing during the portion of the calendar year prior to the Closing in satisfying any deductibles, co-payments or out-of-pocket maximums under health plans of Purchaser or any of its Affiliates in which they are eligible to participate after the Closing in the same plan year in which such deductibles, co-payments or out-of-pocket maximums were incurred and (iii) waive any waiting period limitation or evidence of insurability requirement that would otherwise be applicable to a Transferred Employee and his or her eligible dependents on or after the Closing, in each case to the extent such Transferred Employee or eligible dependent had satisfied any similar limitation or requirement under an analogous Employee Benefit Plan prior to the Closing.

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