Availability Service Levels Sample Clauses

Availability Service Levels. (a) The Service Provider will provide the Services in accordance with the Service Level Agreement (the Service Levels). (b) The Service Provider will only be deemed to fail to achieve a Service Level in accordance with the terms set out the Service Level Agreement. Where the Service Provider fails to achieve a Service Level it shall not be deemed to be a material breach of this Agreement not capable of remedy. (c) The remedies made available to the Client in the Service Levels shall be the sole remedies available to the Client in relation to the Service Provider’s failure to achieve a Service Level.

Availability Service Levels. Layer 1 Service Availability (Maximum Downtime) Percentage of the applicable monthly rental fee for the Connection and any service(s) provided over the Connection per complete hour of Downtime over the Maximum Downtime: Default Service Level: 10% (capped at one month‟s rental fee for Layer 1 services) Enhanced Service Level 1: 15% (capped at two months‟ rental fee for Layer 1 services) Enhanced Service Level 2: 15% (capped at two months‟ rental fee for Layer 1 services) Enhanced Service Level 3: 15% (capped at three months‟ rental fee for Layer 1 services)

Availability Service Levels. (A) Network Availability. The Network Availability Service Level for Level 3 ES (3) Tone Service is 99.9% in a calendar month. The Level 3 ES network is considered unavailable if a Seat (or Seats) is unavailable such that Customer is unable to send and receive IP packets. In the event that Level 3 ES (3) Tone Service becomes unavailable as defined above for reasons other than an Excused Outage, Customer will be entitled to a service credit off of the monthly recurring seat charge for the affected Seat, based on the cumulative unavailability of the same in a given calendar month as set forth in the chart below. The maximum credit which may be provided pursuant to this Service Level is 30 days per month per affected Seat. Customer will not be entitled to a service level credit associated with any other Service Level related to Level 3 ES (3) Tone Service to the extent any such failure arises out of or is related to the unavailability event giving rise to credits hereunder: -------------------------------- ------------------------ Cumulative Unavailability per Service Level Credit event (in hrs:mins:secs) -------------------------------- ------------------------ -------------------------------- ------------------------ 0:00:01 - 00:10:00 No Credit -------------------------------- ------------------------ -------------------------------- ------------------------ 00:10:01- 00:60:00 1 day -------------------------------- ------------------------ -------------------------------- ------------------------ 00:60:01- or more 3 days -------------------------------- ------------------------ (B) Managed Applications. The availability Service Level for the Level 3 ES Managed Applications is 99.9% in a calendar month. In the event that the Managed Applications are available less than 99.9% of the time during a month (as determined by Level 3 ES) for reasons other than an Excused Outage, Customer will be entitled to a service credit off of the monthly recurring Seat charge, based on the cumulative unavailability of the Managed Application in a given month as set forth in the following table. -------------------------------- ------------------------ Cumulative Unavailability per Service Level Credit event (in hrs:mins:secs) -------------------------------- ------------------------ -------------------------------- ------------------------ 0:00:01 - 00:10:00 No Credit -------------------------------- ------------------------ -------------------------------- ------------------...

Availability Service Levels. Orange will make the UES Service available twenty-four (24) hours a day, seven (7) days a week, and use reasonable efforts to provide 100% uptime, except for the following "Uptime Exclusions": (a) occasional planned downtime at non-peak hours (for which Orange will provide advance notice); or (b) any unavailability caused by circumstances beyond Orange’s reasonable control, including failure or delay of Internet connection, misconfiguration, issues on network or telecommunications services not contracted through Orange. However, if UES Service uptime falls below the following thresholds in any one (1) month billing cycle (not including any Uptime Exclusions), Customer may request a credit within twenty (20) days after the month in which the uptime fell below threshold. Upon Customer’s valid request, Orange will provide the stated credit against the following month’s invoice. The above availability Service Level is measured based on the availability of the Platform for each end user and their specific usage. Orange uses the following criteria and measurement in the Service Level assessment: Where: P = Platform Uptime Availability (%) A = Unscheduled Downtime B = Scheduled Uptime Critical functionality such as inability to login, inability to complete telephony calls, chat and call recordings, are considered real time critical (Severity Level: 1-Critical Impact) and qualify for service credit. The service credit is calculated based on the relevant monthly subscription fees for the UES Service Plan. UES Service implementation, variable fees (overconsumption, ramp-up, usage billing, etc.), Service Management and support charges are excluded from the calculation of the service credit.

Availability Service Levels. 1.1 Definitions For purposes of these SLA Terms, the following terms have the following meanings:

Availability Service Levels. The Supplier shall ensure that the Licensed Software shall be Available at least 98.0% of the time in any given calendar month during the Term, excluding any Planned Downtime which shall not be considered for Availability purposes. If Supplier fails to meet this uptime target in any calendar month, Game Distributor shall be entitled to Service Credits calculated as follows: Less than 98.0% but greater than or equal to 95.0% 5% Less than 95% but greater than or equal to 90.0% 10% Less than 90.0% but greater than or equal to 85% 20% Less than 85% 30% and shall be considered a material breach of this Agreement which is incapable of remedy (without prejudice to Game Distributor’s other rights and remedies under this Agreement).

Availability Service Levels. Availability Service Levels are measured beginning with the earlier of (a) IBM’s receipt of a trouble ticket from WSI’s help desk during the Pre-Transformation (BAU) phase and with IBM’s receipt of a trouble ticket generated directly from WSI through a phone call to IBM’s help desk or through IBM’s On demand Data Center Services web portal during the ODCS / Managed Hosting (IBM) phase or (b) notification of a Server failure received from IBM’s automated monitoring system during the ODCS / Managed Hosting (IBM) phase. In the Pre-Transformation (BAU) phase, the trouble ticket system used is WSI’s internal system as of the Start Date. In the ODCS / Managed Hosting (IBM) phase, the trouble ticket system used is IBM’s trouble ticket system. [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission.

Availability Service Levels. Subject to the terms and conditions of this Agreement, HelloPayments will use commercially reasonable efforts to make the Gateway Services Available (as defined below) at least ninety-nine percent (99%) of the time as measured over the course of each calendar month during the Term (each such calendar month, a “Service Period”), excluding unavailability as a result of any of the Exceptions described below in this Section (the “Availability Requirement”). Support is available by phone or email during 8am-6pm US Pacific Time. Merchant must submit a case by submitting an email to [EMAIL] to initiate the support case and all support will be provided remotely. “