Common use of Availability Service Level and Service Credits Clause in Contracts

Availability Service Level and Service Credits. 2.1. The Provider shall ensure that the Platform shall be Available, excluding Planned Downtime, 99.9% of the time in any given calendar month during the term of the Agreement (Availability Service Level). If the Provider fail to meet this target in any calendar month, Customer shall be entitled to Service Credits calculated as follows: Service Provider will ensure that Uptime of the System will equal or exceed 97.5%. In case the Uptime falls below the committed 97.5%, Client shall have the option to terminate the Agreement. Availability of Platform Service Credit (as a percentage of the average of the Monthly Fees payable in the relevant Month and the Month prior to the relevant Month) < 99.9% but greater than or equal to 99.0% [***] % < 99.0% but greater than or equal to 98.0% [***] % < 98.0% but greater than or equal to 96.0% [***]% < 96.0% but greater than or equal to 93.0% [***] % < 93.0% but greater than or equal to 85% [***] % <85% [***]% and shall be considered a material breach incapable of remedy (without prejudice to your other rights and remedies hereunder).

Appears in 3 contracts

Samples: Software as a Service Agreement, Software as a Service Agreement, Software as a Service Agreement

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Availability Service Level and Service Credits. 2.1. The Provider shall ensure that the Platform shall be Available, excluding Planned Downtime, 99.9% of the time in any given calendar month during the term of the Agreement (Availability Service Level). If the Provider fail to meet this target in any calendar month, Customer shall be entitled to Service Credits calculated as follows: Service Provider will ensure that Uptime of the System will equal or exceed 97.5%. In case the Uptime falls below the committed 97.5%, Client shall have the option to terminate the Agreement. Availability of Platform Service Credit (as a percentage of the average of the Monthly Fees payable in the relevant Month and the Month prior to the relevant Month) < 99.9% but greater than or equal to 99.0% [***] ]% < 99.0% but greater than or equal to 98.0% [***] ]% < 98.0% but greater than or equal to 96.0% [***]% < 96.0% but greater than or equal to 93.0% [***] ]% < 93.0% but greater than or equal to 85% [***] ]% <85% [***]% and shall be considered a material breach incapable of remedy (without prejudice to your other rights and remedies hereunder).

Appears in 2 contracts

Samples: Software as a Service Agreement, Software as a Service Agreement

Availability Service Level and Service Credits. 2.1. 2.1 The Provider Supplier shall ensure that the Platform Product shall be Available, excluding Planned Downtime, 99.9% of the time in any given calendar month during the term of the Agreement (Availability Service Level). If the Provider Supplier fail to meet this target in any calendar month, Customer EST shall be entitled to Service Credits calculated as follows: Service Provider will ensure that Uptime of the System will equal or exceed 97.5%. In case the Uptime falls below the committed 97.5%, Client shall have the option to terminate the Agreement. Availability of Platform Product Service Credit (as a percentage of the average of the Monthly Fees payable in the relevant Month and the Month prior to the relevant Month) < 99.9% but greater than or equal to 99.0% [***] ]% < 99.0% but greater than or equal to 98.0% [***] ]% < 98.0% but greater than or equal to 96.0% [***]% < 96.0% but greater than or equal to 93.0% [***] ]% < 93.0% but greater than or equal to 85% [***] ]% <85% [***]% and shall be considered a material breach incapable of remedy (without prejudice to your other rights and remedies hereunder).

Appears in 1 contract

Samples: White Label Agreement (Esports Technologies, Inc.)

Availability Service Level and Service Credits. 2.1. The Provider Supplier shall ensure that the Platform Product shall be Available, excluding Planned Downtime, 99.9% of the time in any given calendar month during the term of the Agreement (Availability Service Level). If the Provider Supplier fail to meet this target in any calendar month, Customer shall be entitled to Service Credits calculated as follows: Service Provider will ensure that Uptime of the System will equal or exceed 97.5%. In case the Uptime falls below the committed 97.5%, Client shall have the option to terminate the Agreement. Availability of Platform Product Service Credit (as a percentage of the average of the Monthly Fees payable in the relevant Month and the Month prior to the relevant Month) < 99.9% but greater than or equal to 99.0% [***] ]% < 99.0% but greater than or equal to 98.0% [***] ]% < 98.0% but greater than or equal to 96.0% [***]% < 96.0% but greater than or equal to 93.0% [***] ]% < 93.0% but greater than or equal to 85% [***] ]% <85% [***]% and shall be considered a material breach incapable of remedy (without prejudice to your other rights and remedies hereunder).

Appears in 1 contract

Samples: White Label Solution Agreement

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Availability Service Level and Service Credits. 2.1. The Provider Supplier shall ensure that the Platform Product shall be Available, excluding Planned Downtime, 99.9% of the time in any given calendar month during the term of the Agreement (Availability Service Level). If the Provider Supplier fail to meet this target in any calendar month, Customer shall be entitled to Service Credits calculated as follows: Service Provider will ensure that Uptime of the System will equal or exceed 97.5%. In case the Uptime falls below the committed 97.5%, Client shall have the option to terminate the Agreement. Availability of Platform Product Service Credit (as a percentage of the average of the Monthly Fees payable in the relevant Month and the Month prior to the relevant Month) < 99.9% but greater than or equal to 99.0% [***] % < 99.0% but greater than or equal to 98.0% [***] % < 98.0% but greater than or equal to 96.0% [***]% < 96.0% but greater than or equal to 93.0% [***] % < 93.0% but greater than or equal to 85% [***] % <85% [***]% and shall be considered a material breach incapable of remedy (without prejudice to your other rights and remedies hereunder).

Appears in 1 contract

Samples: White Label Solution Agreement

Availability Service Level and Service Credits. 2.1. The Provider Supplier shall ensure that the Platform Product shall be Available, excluding Planned Downtime, 99.9% of the time in any given calendar month during the term of the Agreement (Availability Service Level). If the Provider Supplier fail to meet this target in any calendar month, Customer shall be entitled to Service Credits calculated as follows: Service Provider will ensure that Uptime of the System will equal or exceed 97.5%. In case the Uptime falls below the committed 97.5%, Client shall have the option to terminate the Agreement. Availability of Platform Product Service Credit (as a percentage of the average of the Monthly Fees payable in the relevant Month and the Month prior to the relevant Month) < 99.9% but greater than or equal to 99.0% [***] ]% < 99.0% but greater than or equal to 98.0% [***] ]% < 98.0% but greater than or equal to 96.0% [***]% < 96.0% but greater than or equal to 93.0% [***] ]% < 93.0% but greater than or equal to 85% [***] ]% <85% [***]% and shall be considered a material breach incapable of remedy (without prejudice to your other rights and remedies hereunder).

Appears in 1 contract

Samples: White Label Solution Agreement

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