Conditions and Exclusions. Service Levels are measured on a quarterly or annual basis, as set forth below. (a) Service Levels will apply from the first full month following the Effective Date for the Service. (b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA. (c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified. (d) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet the Service Levels under this Service Level Agreement. (e) Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Measurement Period in which Customer alleges that the Service Level was not achieved. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange. (f) Customer must exercise any right to terminate the Services provided under this SLA within 60 days of the breach giving rise to Customer’s right to terminate at the affected Locations. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services within the 60-day period, then Customer’s right to terminate such Services in connection with such breach will lapse. (g) Any termination of the Service due to the failure by Orange to meet any Service Level under this SLA will be without financial liability to Customer, other than Customer’s liability to pay for the Business Together - Unified Communications Services before the effective date of termination. (h) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) or resulted from the refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution of the Incident. (i) In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service in that year. (j) In no event will the total credits due for any unachieved Service Level in any month exceed 100% of the aggregate monthly recurring Charges for the Service at the affected Location(s) in that month. (k) In no event will Customer be entitled to receive credits or other remedies for non-achievement of any Service Level if such non-achievement was caused by, and Service Levels expressly exclude any time attributable to, a Force Majeure Event, Scheduled Maintenance, Third Party Intervention, environmental conditions, WAN failure, LAN failure, Trunk failure, DHCP failure, Active Directory failure or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment not managed by Orange as part of the Business Together – Managed Unified Communications Services, power failure, any service provided by a third party, or by any act or omission of Customer, User, or an agent of Customer or User, or of any Customer-authorized user of the Business Together – Managed Unified Communications Service.
Appears in 3 contracts
Samples: Service Level Agreement, Service Level Agreement, Service Level Agreement
Conditions and Exclusions. Notwithstanding anything to the contrary in this SLA, this SLA and Customer’s entitlement to the remedies set out in this SLA are subject to the following conditions and exclusions:
(a) Service Levels are measured on a quarterly Monthly, quarterly, or annual basis, as set forth below.
(ab) Service Levels will apply from the start of the first full month Month following the Effective Date for the Serviceof Acceptance.
(bc) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(cd) All Notwithstanding anything to the contrary contained herein, all Service Levels are measured at the overall contract levelObjectives (SLOs) provided by Orange shall be deemed objective service level guides only; and Customer shall not be entitled to any remedies, not at an individual Locationfinancial or otherwise, country or regional level, unless otherwise specifiedassociated with any non-achievement by Orange of such SLOs.
(de) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet provide the Service Levels under this Service Level Agreement.
(e) Service. Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Measurement Period in which Customer alleges that the Service Level was not achieved. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange.
(f) Customer must exercise any right to terminate the Services Service provided under this SLA within 60 days of the breach giving rise to Customer’s right to terminate at the affected Locations. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services Service within the 60-day period, then Customer’s right to terminate such Services in connection with such breach will lapse.
(g) Any termination of the Service by Customer due to the Orange’s failure by Orange to meet any Service Level under this SLA will be without financial liability to Customer, other than Customer’s liability to pay for the Business Together - Unified Communications Services Microsoft Service before the effective date of termination.
(h) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) or resulted from the refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution of the Incident.
(i) In no event will the total credits due for any unachieved Service Level in any Month exceed 100% of the aggregate Monthly recurring Qualifying Charges for the Business Together Microsoft Service at the affected Location(s) in that Month.
(j) In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Qualifying Charges for the Service in that year.
(j) In no event will the total credits due for any unachieved Service Level in any month exceed 100% of the aggregate monthly recurring Charges for the Service at the affected Location(s) in that month.
(k) In no event will Customer be entitled to receive credits or other remedies for non-achievement of any Service Level if such non-achievement was caused by, and Service Levels expressly exclude any time attributable to, a Force Majeure Event, Scheduled Maintenance, Third Party Intervention, environmental conditions, WAN failure, LAN failure, Trunk failure, DHCP failure, Active Directory failure failure, or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®the vendor, PC multimedia failure, any IPT network component or equipment not managed by Orange as part of the Business Together – Managed Unified Communications ServicesService, power failure, any service provided by a third party, or by any act or omission of Customer, User, or an agent of Customer or User, or of any Customer-authorized user of the Business Together – Managed Unified Communications Service.
(l) Orange’s failure to comply with the Service Level will not relieve Customer from its obligation to pay the Charges.
Appears in 2 contracts
Conditions and Exclusions. This SLA, and Customer’s entitlement to the remedies set out in this SLA, is subject to the following conditions and exclusions:
(a) Service Levels are measured on a monthly or quarterly or annual basis, as set forth below.
(a) herein. Service Levels will apply from the first full month following the Effective Committed Delivery Date for Managed LAN at the Servicerelevant Location.
(b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(dc) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet provide Managed LAN in accordance with the Service Levels under Description for Managed LAN and this Service Level AgreementSLA.
(ed) Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Measurement Period measurement period in which Customer alleges that the Service Level was not achieved. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange.
(f) Customer must exercise any right to terminate the Services provided under this SLA within 60 days of the breach giving rise to Customer’s right to terminate at the affected Locations. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services within the 60-day period, then Customer’s right to terminate such Services in connection with such breach will lapse.
(g) Any termination of the Service due to the failure by Orange to meet any Service Level under this SLA will be without financial liability to Customer, other than Customer’s liability to pay for the Business Together - Unified Communications Services before the effective date of termination.
(he) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) telecommunications provider or resulted from the refusal of any third party (other than a Subcontractor) vendor's refusal to cooperate with Orange in the resolution of the Incident.
(if) In no event will Notwithstanding anything to the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service contrary contained in that year.
(j) In no event will the total credits due for any unachieved Service Level this SLA, in any month exceed 100% of the aggregate monthly recurring Charges for the Service at the affected Location(s) in that month.
(k) In no event will Customer be entitled to receive credits or other remedies for non-achievement of any Service Level if such non-achievement was caused by, and Service Levels expressly exclude any time attributable to, by a Force Majeure Event, Scheduled Maintenance, Third Party Intervention, Intervention or environmental conditions, WAN failure, LAN failure, Trunk failure, DHCP failure, Active Directory failure or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment not managed by Orange as part of the Business Together – Managed Unified Communications Services, power failure, any service provided by a third party, or by any act or omission of Customer, User, or an agent of Customer or User, or of any Customer-authorized user of the Business Together – Managed Unified Communications ServiceLAN.
Appears in 2 contracts
Conditions and Exclusions. Service Levels are measured on a quarterly or annual basisThis SLA, as and Customer’s entitlement to the remedies set forth below.
(a) Service Levels will apply from the first full month following the Effective Date for the Service.
(b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from out in this SLA.
(c) All Service Levels are measured at , is subject to the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(d) following conditions and exclusions: The remedies contained in this SLA are Customer’s sole and exclusive remedies remedy for any failure by Orange to meet provide the Service Levels under in accordance with the Service Description and this SLA. Orange's Scheduled Maintenance or Emergency Maintenance of the Service Level will not be deemed to be a failure by Orange to provide the Service in accordance with the Agreement.
(e) . Customer must shall submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following from the end of each anniversary of the Measurement Period in which Customer alleges that Date of Acceptance of the Service Level was not achievedService. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange.
(f) Customer must exercise any right to terminate the Services provided under this SLA . Orange will issue all undisputed credits within 60 90 days of the breach giving rise to Customer’s right to terminate at the affected Locationswritten claim. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services within the 60-day period, then Customer’s right to terminate such Services in connection with such breach will lapse.
(g) Any termination of the Service due to the failure by Orange to meet any Service Level under this SLA will be without financial liability to Customer, other than Customer’s liability to pay for the Business Together - Unified Communications Services before the effective date of termination.
(h) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) or resulted from the refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution of the Incident.
(i) In no event will the annual total credits due for all unachieved Service Levels under this SLA during any preceding rolling 12 month period exceed 508% of the aggregate recurring Qualifying Charges for the Service in that year.
(j) In no event will the total credits due for any unachieved Service Level in any month exceed 100% of the aggregate monthly recurring Charges same period. Service Levels for Service Availability will be measured from the first full month following the Date of Acceptance of the Service at the affected Location(s) in that month.
(k) relevant Location. In no event will Customer be entitled to receive any credits or other remedies for non-non- achievement of any Service Level if such non-achievement was caused by, and Service Levels expressly exclude any time attributable to, :
(a) a Force Majeure Event, ;
(b) Scheduled Maintenance or Emergency Maintenance, ;
(c) Third Party Intervention, ;
(d) adverse environmental conditions, WAN failurepower outages, LAN failure, Trunk failure, DHCP failure, Active Directory failure major failures or corruption outside the control of physical disruption not caused by Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment not managed by Orange as part of the Business Together – Managed Unified Communications Services, power failure, any service provided by a third party, or ;
(e) by any act act, or omission of Customer, User, or an agent of Customer or User, or of any Customer-authorized user of the Service, or
(f) any Incidents attributable to:
(i) the data network for interconnection between the seats of the Contact Center Location and the Service platform or the Service; or
(ii) voice network (Contact Center Access); or
(iii) configuration of the Flexible Contact Center with Salesforce Package non-compliant with the documentation provided by Orange Business Together – Managed Unified Communications ServiceServices, or failure due to Salesforce, or misuse of the Package or of Salesforce.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Service Levels This SLA, and Xxxxxxxx’s entitlement to the remedies set out in this SLA, are measured on a quarterly or annual basis, as set forth below.subject to the following conditions and exclusions:
(a) Service Levels will apply from the first full month following the Effective Date for the Service.
(b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(d) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet provide Business Talk in accordance with the Service Levels under Description for Business Talk or this Service Level AgreementSLA.
(eb) Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Measurement Period month in which Customer alleges that the Service Level was not achieved. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange.
(fc) Customer must exercise any termination right to terminate the Services provided under this SLA within 60 days of the breach giving rise to Customer’s 's right to terminate Business Talk at the affected LocationsLocation. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services within the 60-day period, then Customer’s 's right to terminate such Services Business Talk in connection with such breach will lapse.
(gd) Any termination of the Service Business Talk by Customer due to the failure by Orange to meet any Service Level under this SLA will be without financial liability to Customer, other than Customer’s liability to pay for the Business Together - Unified Communications Services Talk provided before the effective date of termination.
(h) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) or resulted from the refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution of the Incident.
(ie) In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service in that year.
(j) In no event will the total credits due for any unachieved Service Level Levels in any month for a Location exceed 100% of the aggregate monthly recurring Qualifying Charges for the Service Business Talk at the affected Location(s) that Location in that month.
(kf) The Service Level for Orange Service Delivery in Clause 1.9 of this document is only applicable if Orange does not waive and Customer pays the installation charges for Business Talk for the relevant Location.
(g) Unless otherwise specified, the measurement period for all Service Levels and SLOs commences on the first day of the month and ends on the last day of the month.
(h) Customer will not be entitled to any remedies set out in this SLA unless, and Service Levels will apply only if, Customer receives the "Service Select - Extended Service Delivery" Service (as described in a separate Service Select Service Description attached to this Agreement) for Business Talk. Notwithstanding anything to the contrary contained herein, if Customer receives the "Service Select - Standard Service Delivery" Service for Business Talk, all Service Levels will be deemed SLOs only.
(i) In no event will Customer be entitled to receive any credits or other remedies for non-non- achievement of any Service Level if such non-achievement was caused by, and Service Levels expressly exclude any time attributable to, a Force Majeure Event, Scheduled Maintenance, Third Party Intervention, environmental conditions, WAN failurepower outages, LAN failurefailures to TO exchanges, Trunk failure, DHCP failure, Active Directory failure or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment physical disruption to Tail Circuits not managed caused by Orange as part of the Business Together – Managed Unified Communications Services, power failure, any service provided by a third partyor TOs, or by any act or omission of Customer, User, or an agent of Customer or User, or of any Customer-authorized user of Business Talk.
(j) This SLA will not apply to Business Talk using IP Access Small, IP Access Satellite, or IP Access Connect; except that for IP Access Connect, the SLA will apply to the Hub Site, i.e. the Location connected to the Orange Business Together – Managed Unified Communications VPN Corporate Service.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Service Levels This SLA and Customer’s entitlement to the remedies set out in this SLA are measured on a quarterly or annual basis, as set forth below.subject to the following conditions and exclusions:
(a) The Service Levels set out herein will only be SLAs if the Customer has ordered the services of an Orange service manager (Customer Service Manager) who also handles SSL issues and reports. Otherwise, they will be SLOs.
(b) Service Credits are to be claimed by the Customer within a period of 2 months from the notification by Orange to the Customer of the report reflecting the Orange actual performance against the Service Levels.
(c) The Portal is not subject itself to any Service Levels.
(d) Breach of Service Level does not exempt the Customer from its obligation to pay the Charges for the Services.
(e) Excluded from the calculation of performance of the Service Levels are all periods of time attributable to cases of Force Majeure, Scheduled Maintenance, intervention by third parties, environmental conditions, power cuts, failures during exchanges between telecommunication operators, changes to the Service made at the request of the Customer, physical interruptions to termination segments not attributable to Orange or to telecommunication operators, or any act or omission by the Customer or a user of the Flexible SSL Service who is authorized by the Customer.
(f) The Service Levels exclusively concern the infrastructure of the Flexible SSL Service and under no circumstances apply to the Internet, the local browser and users' Internet connections.
(g) Except where stated to the contrary, the Service Levels are effective from the first full month following the Effective Date for of Acceptance of the ServiceFlexible SSL gateway Service on the site in question.
(bh) BetaExcept where stated to the contrary, trial, proof the period measured for each Service Level starts on the first day of concept or pilot services (as determined by Orange) are excluded from this SLAthe month and ends on the last day of the month.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(di) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet the Service Levels under this Service Level Agreement.
(e) Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Measurement Period in which Customer alleges that the Service Level was not achieved. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange.
(f) Customer must exercise any right to terminate the Services provided under this SLA within 60 days of the breach giving rise to Customer’s right to terminate at the affected Locations. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services within the 60-day period, then Customer’s right to terminate such Services in connection with such breach will lapse.
(g) Any termination of the Service due to the failure by Orange to meet any Service Level under this SLA will be without financial liability to Customer, other than Customer’s liability to pay for the Business Together - Unified Communications Services before the effective date of termination.
(h) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) or resulted from the refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution of the Incident.
(i) In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service in that year.
(j) In no event will the total credits due for any unachieved Service Level in any month exceed 100% of the aggregate monthly recurring Charges for the Service at the affected Location(s) in that month.
(k) In no event will Customer be entitled to receive credits or other any remedies for non-achievement of any Service Level if such non-achievement was caused by, and Service Levels expressly exclude any time attributable to, a Force Majeure Event, Scheduled Maintenance, Third Party Intervention, environmental conditions, WAN failure, LAN failure, Trunk failure, DHCP failure, Active Directory failure or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment not managed by Orange as part of the Business Together – Managed Unified Communications Services, power failure, any service provided by a third party; by the Customer; or due to the inability to contact the Customer in case of an Incident. In such cases, the total period of unavailability will be reduced by the period of unavailability caused respectively by such Third Party, the Customer, or by any act or omission of inability to contact the Customer, User, or an agent of Customer or User, or of any Customer-authorized user of the Business Together – Managed Unified Communications Service.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Service Levels are measured on a quarterly or annual basis, as set forth below.
(a) Service Levels will apply from This SLA is subject to the first full month following the Effective Date for the Service.
(b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(d) conditions and exclusions: The remedies contained in this SLA are Customer’s sole and exclusive remedies remedy for any failure by Orange to meet provide the Service Levels under this in accordance with the Agreement. Periodic routine, non-routine, or emergency maintenance of the Service Level by Orange, if provided in a proper, non- negligent manner and in accordance with standard industry practices, will not be deemed to be a failure by Orange to provide the Service in accordance with the Agreement.
(e) Customer . Orange must submit receive all claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Measurement Period Month in which Customer alleges that the a Service Level was not achieved. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange.
(f) . Orange will issue all applicable credits within 90 days after Customer’s written claim. Customer must exercise any Service termination right to terminate the Services provided under this SLA within 60 days of the breach giving that gave rise to Customer’s right to terminate at cancel the affected LocationsService. If Customer does not notify Orange in writing of its election to terminate cancel the Business Together - Unified Communications Services Service within the 60-day period, then Customer’s right to terminate such Services the Service in connection with such said breach will shall lapse.
(g) . Any termination of the Service by Customer due to the failure by Orange to meet any Service Level under this SLA will be is without financial liability to Customer, other than Customer’s liability to pay for the Business Together - Unified Communications Services Service provided before the effective date of termination.
(h) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) or resulted from the refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution of the Incident.
(i) . In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service in that year.
(j) In no event will the total credits due for any unachieved Service Level in any month Month exceed 100% of the aggregate monthly recurring Qualifying Charges for the Service at the affected Location(s) in that month.
Month. The Service Level for Orange Service Delivery is only applicable if the Service implementation fee is being charged to and is paid by Customer. Unless otherwise specified, the measurement period for all Service Levels commences on the first day of the Month and ends on the last day of the Month. Service Levels for Site Availability will be measured from the first full Month following the Date of Acceptance of the Service at the relevant Location. With respect to Site Availability Service Level, for any Location that (ka) is outside of the area of Normal Service (as defined in Clause 1.5) and (b) has only a single CPE installed, Outages caused by a CPE failure are excluded from the calculation of total Outages. In no event will Customer be entitled to receive any credits or other remedies for non-achievement of any Service Level if such non-achievement was caused by, and Service Levels expressly exclude any time attributable to, by a Force Majeure Eventevent, Scheduled Maintenance, Third Party Intervention, Intervention or environmental conditions, WAN failurepower outages, LAN failurefailures to TO exchanges, Trunk failure, DHCP failure, Active Directory failure or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment physical disruption to Tail Circuits not managed caused by Orange as part of the Business Together – Managed Unified Communications Services, power failure, any service provided by a third partyor TOs, or by any act or omission of Customer, User, or an agent of Customer or User, or of any Customer-authorized user of the Business Together – Managed Unified Communications ServiceNetwork.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. This SLA and Customer’s entitlement to the remedies set out in this SLA are subject to the following conditions and exclusions:
(a) Service Levels are measured on a quarterly monthly, quarterly, or annual basis, as set forth below.
(ab) Service Levels will apply from the first full month following the Effective Date for the Service.
(b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLAAcceptance.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country country, or regional level, unless otherwise specified.
(d) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet provide the Business Together - Avaya Services in accordance with the Service Levels under Description for Orange Business Together - Avaya Services for Avaya Equipment and this Service Level AgreementSLA.
(e) Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Measurement Period measurement period in which Customer alleges that the Service Level was not achieved. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange.
(f) Customer must exercise any right to terminate the Business Together - Avaya Services provided under this SLA within 60 days of the breach breach-giving rise to Customer’s right to terminate at the affected Locations. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Avaya Services within the 60-day period, then Customer’s right to terminate such Services in connection with such breach will lapse.
(g) Any termination of the Service Business Together - Avaya Services by Customer due to the Orange’s failure by Orange to meet any Service Level under this SLA will be without financial liability to Customer, other than Customer’s liability to pay for the Business Together - Unified Communications Avaya Services before the effective date of termination.
(h) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted results from any act, delay, or omission of any other third party software licensor or service provider the day-to-day activities of which are not managed or controlled by Orange (including without limitation Avaya Inc.), a failure of network services or equipment being provided by a third party (other than a Subcontractoran Orange subcontractor) or resulted from the refusal of any third party (other than a Subcontractoran Orange subcontractor) to cooperate with Orange in resolution of the Incident.
(i) In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service in that year.
(j) In no event will the total credits due for any unachieved Service Level in any month exceed 100% of the aggregate monthly recurring Charges for the Service Business Together - Avaya Services at the affected Location(s) in that month.
(kj) In no event will Customer be entitled to receive credits or other remedies for non-achievement of any Service Level if such non-achievement was caused by, and Service Levels expressly exclude any time attributable to, a Force Majeure Event, Scheduled Maintenance, Third Party Intervention, environmental conditions, WAN failure, LAN failure, Trunk failure, DHCP failure, Active Directory failure or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any IPT network component or equipment not managed by Orange as part of the Business Together – Managed Unified Communications Services- Avaya Service, power failure, any service provided by a third party, any software bug that requires a patch or workaround solution developed by the Vendor, or by any act or omission of Customer, User, or an agent of Customer or User, or of any Customer-authorized user of the Business Together – Managed Unified Communications Service- Avaya Services.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Notwithstanding anything to the contrary in this SLA, this SLA and Customer’s entitlement to the remedies set out in this SLA are subject to the following conditions and exclusions:
(a) Service Levels are measured on a quarterly Monthly, quarterly, or annual basis, as set forth below.
(ab) Service Levels will apply from the start of the first full month Month following the Effective Date for the Serviceof Acceptance.
(bc) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(cd) All Notwithstanding anything to the contrary contained herein, all Service Levels are measured at the overall contract levelObjectives (SLOs) provided by Orange shall be deemed objective service level guides only; and Customer shall not be entitled to any remedies, not at an individual Locationfinancial or otherwise, country or regional level, unless otherwise specifiedassociated with any non-achievement by Orange of such SLOs.
(de) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet provide the Service Levels under this Service Level Agreement.
(e) Service. Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Measurement Period in which Customer alleges that the Service Level was not achieved. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange.
(f) Customer must exercise any right to terminate the Services Service provided under this SLA within 60 days of the breach giving rise to Customer’s right to terminate at the affected Locations. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services Service within the 60-day period, then Customer’s right to terminate such Services in connection with such breach will lapse.
(g) Any termination of the Service by Customer due to the Orange’s failure by Orange to meet any Service Level under this SLA will be without financial liability to Customer, other than Customer’s liability to pay for the Business Together - Unified Communications Services Microsoft Service before the effective date of termination.
(h) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) or resulted from the refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution of the Incident.
(i) In no event will the total credits due for any unachieved Service Level in any Month exceed 100% of the aggregate Monthly recurring Qualifying Charges for the Business Together Microsoft Service at the affected Location(s) in that Month.
(j) In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Qualifying Charges for the Service in that year.
(j) In no event will the total credits due for any unachieved Service Level in any month exceed 100% of the aggregate monthly recurring Charges for the Service at the affected Location(s) in that month.
(k) In no event will Customer be entitled to receive credits or other remedies for non-achievement of any Service Level if such non-achievement was caused by, and Service Levels expressly exclude any time attributable to, a Force Majeure Event, Scheduled Maintenance, Third Party Intervention, environmental conditions, WAN wide area network failure, LAN local area network failure, Trunk trunk failure, DHCP failure, Active Directory failure Microsoft active directory failure, or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®the vendor, PC multimedia failure, any IP telephony network component or equipment not managed by Orange as part of the Business Together – Managed Unified Communications ServicesService, power failure, any service provided by a third party, or by any act or omission of Customer, User, or an agent of Customer or User, or of any Customer-authorized user of the Business Together – Managed Unified Communications Service.
(l) Orange’s failure to comply with the Service Level will not relieve Customer from its obligation to pay the Charges.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Service Levels This SLA and Customer’s entitlement to the remedies set out in this SLA are measured on a quarterly or annual basis, as set forth below.subject to the following conditions and exclusions:
(a) The Service Levels set out herein will only be SLAs if the Customer has ordered the services of an Orange service manager (Customer Service Manager) who also handles SSL issues and reports. Otherwise, they will be SLOs.
(b) Service Credits are to be claimed by the Customer within a period of 2 months from the notification by Orange to the Customer of the report reflecting the actual performance by Orange against the Service Levels.
(c) The SGW CCS web portal for monitoring the Service (reporting, monitoring incidents, etc.) is not subject itself to any Service Levels.
(d) Breach of Service Level does not exempt the Customer from its obligation to pay the Charges for the Services.
(e) Excluded from the calculation of performance of the Service Levels are all periods of time attributable to cases of Force Majeure, Scheduled Maintenance, intervention by third parties, environmental conditions, power cuts, failures during exchanges between telecommunication operators, changes to the Service made at the request of the Customer, physical interruptions to termination segments not attributable to Orange or to telecommunication operators, or any act or omission by the Customer or a user of the Mobile SSL Service who is authorized by the Customer.
(f) The Service Levels exclusively concern the infrastructure of the Mobile SSL Service and under no circumstances apply to the Internet, the local browser and users' Internet connections.
(g) Except where stated to the contrary, the Service Levels are effective from the first full month following the Effective Date for of Acceptance of the ServiceMobile SSL gateway Service on the site in question.
(bh) BetaExcept where stated to the contrary, trial, proof the period measured for each Service Level starts on the first day of concept or pilot services (as determined by Orange) are excluded from this SLAthe month and ends on the last day of the month.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(di) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet the Service Levels under this Service Level Agreement.
(ej) Customer must submit claims for credits for unachieved The GTTR Service Levels in writing are subject to Orange within 60 days following the end of the Measurement Period in which Customer alleges that the Service Level was not achieved. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange.
(f) Customer must exercise any right to terminate the Services provided under this SLA within 60 days of the breach giving rise to Customer’s right to terminate at the affected Locations. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services within the 60-day period, then Customer’s right to terminate such Services in connection with such breach will lapse.
(g) Any termination availability of the Service due to in the failure country concerned (list supplied by Orange to meet any Service Level under this SLA will be without financial liability to Orange, upon request from the Customer, other than Customer’s liability to pay for which may be modified as required) and the Business Together - Unified Communications Services before the effective date of termination.
(h) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) or resulted from the refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution availability of the Incident.
(i) In no event will "site" engineer and the annual total credits due for all unachieved Service Levels exceed 50% of Customer contact on the aggregate recurring Charges for the Service in that year.
(j) In no event will the total credits due for any unachieved Service Level in any month exceed 100% of the aggregate monthly recurring Charges for the Service at the affected Location(s) in that monthsite. This contact must be defined case-by-case.
(k) In no event will Customer be entitled to receive credits or other any remedies for non-achievement of any Service Level if such non-achievement was caused by, and Service Levels expressly exclude any time attributable to, a Force Majeure Event, Scheduled Maintenance, Third Party Intervention, environmental conditions, WAN failure, LAN failure, Trunk failure, DHCP failure, Active Directory failure or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment not managed by Orange as part of the Business Together – Managed Unified Communications Services, power failure, any service provided by a third party; by the Customer; or due to the inability to contact the Customer in case of an Incident. In such cases, the total period of unavailability will be reduced by the period of unavailability caused respectively by such Third Party, the Customer, or by any act inability to contact the Customer. This measure also applies if the Customer refuses to allow the Contractor (or omission of Customer, User, or an agent of Customer or User, or of any Customer-authorized user its representative) access to the site to restore the availability of the Business Together – Managed Unified Communications Service.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Service Levels This SLA and Customer’s entitlement to the remedies set out in this SLA are measured on a quarterly or annual basis, as set forth below.subject to the following conditions and exclusions:
(a) The Service Levels Level is measured on a monthly basis.
(b) This SLA will only apply to Managed Equipment connected on IP VPN Service or Business VPN Service.
(c) Service Level will apply from the first full day of the calendar month following Acceptance of the Effective Date for the Service.
(b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specifiedOpen Videopresence Management Services.
(d) The remedies Remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet provide the Open Videopresence Management Services in accordance with the Service Levels under Description of Open Videopresence Management Services or this Service Level AgreementSLA.
(e) Customer must submit claims a claim for credits a service credit for an unachieved Service Levels Level in writing to Orange within 60 30 days following the end of the Measurement Period measurement period in which Customer alleges that the Service Level was not achieved. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange.
(f) Customer must exercise shall not be entitled to service credits for non-achievement of any right to terminate the Services provided under Service Level as described in this SLA within 60 days of in case Customer is entitled to service credits under the breach giving rise to Customer’s right to terminate at Network Services for the affected Locations. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services within the 60-day period, then Customer’s right to terminate such Services in connection with such breach will lapsesame Incident.
(g) Any termination of the The Service due to the failure by Orange to meet any Service Level under Levels in this SLA will be without financial liability apply only if the following conditions are met:
(i) Any changes to the configuration of the Managed Equipment implemented after installation are performed by Orange or with prior written consent from Orange;
(ii) Customer reasonably follows the Orange and the Vendor's recommended best practices and operating procedures, including operational best practices, test planning, procedures for maintaining/updating Software versions, third party software/hardware integration, and problem reporting;
(iii) Customer provides a single point of contact to Orange to establish key operational and data collection and reporting processes between Orange and Customer, including trouble ticket creation management and reporting;
(iv) Customer obtains written consent from Orange before deploying any third party product that interconnects with the Managed Equipment other than Customer’s liability to pay for as expressly contemplated in the Business Together - Unified Communications Services relevant Managed Equipment specifications, and fully tests and validates the interoperability of such products or services before use in the effective date of termination.production environment; and
(hv) Customer approves the implementation of the Orange recommendation regarding Software updates, Room design, design changes, sparing requirements, operating systems, methods, and procedures that impact the operation of the Managed Equipment. The Service Levels Level in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or is due to:
(a) Video Dedicated Equipment;
(b) Network services, software or equipment being provided by Customer or a third party party;
(other than a Subcontractorc) or resulted from the The refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution of the Incident.;
(id) Customer’s failure to comply with its responsibilities as set forth in the Agreement, including the Service Description for Open Videopresence Management Services;
(e) Any exclusion or limitation applicable to the Vendor Branded Maintenance or Cobrand Maintenance Services, including any limitations related to geographic restrictions for hardware delivery times. The liability of Orange for hardware failure is limited to a single remedy on the day the Incident occurred;
(f) A lack of interoperability between the Managed Equipment and any third party products not approved by Orange;
(g) Customer’s use of the Managed Equipment in a manner inconsistent with its published specifications, including its environmental specifications;
(h) In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service in that year.
(j) In no event will the total credits due for any unachieved Service Level Levels in any month for a Location exceed 100% of the aggregate monthly recurring Qualifying Charges for the Service Open Videopresence Management Services at the affected Location(s) that Location in that month.; In no event will total credits due for any unachieved Service Levels exceed 200% of the monthly Qualifying Charges for Open Videopresence Management Services at a Location for a Year;
(ki) In no event will Customer be entitled to receive any credits or other remedies for non-non- achievement of any Service Level if such non-achievement was caused by, and Service Levels expressly exclude any time attributable to, by a Force Majeure Eventevent, Scheduled Maintenance, Third Party Intervention, environmental conditions, WAN failure, LAN failure, Trunk failurepower outages, DHCP failurefailures of TO exchanges, Active Directory failure or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment physical disruption to Tail Circuits not managed caused by Orange as part of the Business Together – Managed Unified Communications Services, power failure, any service provided by a third partyor TOs, or by any act or omission of Customer, User, or an agent of Customer or User, or of any Customer-authorized user of the Business Together Open Videopresence Management Services;
(j) Customer will not be entitled to any remedies set out in this SLA unless, and Service Levels will apply only if, Customer purchases Service Select Extended – Managed Unified Communications ServiceService Support and Service Delivery.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Service Levels are measured on a quarterly or annual basis, as Notwithstanding anything to the contrary set forth below.in this SLA, this SLA and Customer's entitlement to the remedies set out in this SLA are subject to the following conditions and exclusions:
(a) Service Levels will apply from the first full month following the Effective Date for the Service.
(b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(d) The remedies contained in this SLA are Customer’s 's sole and exclusive remedies for any failure by Orange to meet provide the Managed Applications Service in a manner which satisfies the Service Levels under set out in this Service Level AgreementSLA.
(eb) Customer must submit claims for credits for unachieved Service Levels in writing Levels, using the credits request form (which can be obtained by Orange); to Orange within 60 30 days following the end of the Measurement Period Month in which Customer alleges that the alleged Service Level was not achievedbreach occurred. Customer must provide all the details of the Incident relating to the alleged Service Level breach in the request form (including the date and start/end times of the Incident, any system logs and any other relevant information) provided that only Incidents which are recorded by a trouble ticket by Orange will be eligible for a claim for such credits. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange. Orange will issue all undisputed credits in the next practicable invoicing cycle.
(f) Customer must exercise any right to terminate the Services provided under this SLA within 60 days of the breach giving rise to Customer’s right to terminate at the affected Locations. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services within the 60-day period, then Customer’s right to terminate such Services in connection with such breach will lapse.
(g) Any termination of the Service due to the failure by Orange to meet any Service Level under this SLA will be without financial liability to Customer, other than Customer’s liability to pay for the Business Together - Unified Communications Services before the effective date of termination.
(hc) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from from: suspension of the Service; any attempt by the Customer to exceed the resources allocated to the Customer under a service feature; any modification to the Service without the written consent of Orange; act or omission of the Customer or a User that causes unauthorized access to the Service; act or omission of a third party software licensor or a third party service provider; a failure of network or other telecommunications services or any equipment (including Customer provided end points) being provided by a third party (other than a Subcontractoran Orange subcontractor) or resulted from the refusal of any third party (other than a Subcontractoran Orange subcontractor) to cooperate with Orange in resolving an Incident; causes not attributable to Orange; unavailability of Customer or User for Incident diagnosis and resolution attempt; implementation by Orange of changes to the IncidentService requested by Customer; and any service feature(s) which are in beta (development) mode.
(i) In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service in that year.
(jd) In no event will the total credits due for any unachieved Service Level in any calendar month exceed 10015% of the aggregate monthly recurring Qualifying Charges for the Service at the affected Location(s) in that monthLocation.
(ke) In no event Customer will Customer not be entitled to receive credits or other remedies for non-achievement of any Service Level if to the extent that such non-achievement was caused by, and the relevant Service Levels Level expressly exclude any time attributable to, : a Force Majeure Event, Scheduled Maintenance, Third Party Intervention, environmental conditions, WAN failure, LAN failure, Trunk failure, DHCP failure, Active Directory failure or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment not managed and maintained by Orange as part of the Business Together – Managed Unified Communications ServicesApplications Service, power failure, any service provided by a third party, or by any act or omission of Customer, User, or an agent of Customer or User.
(f) Orange's (i) periodic routine, non-routine, or emergency maintenance of the Service and (ii) use or experimentation of the Service for the purpose of its testing by a sample of customers will not be deemed to be a failure of Orange to provide Services in accordance with the Agreement, or the breach of any Customer-authorized user Service Level.
(g) Service Levels for the Service will apply from the first full calendar month following commencement of the Business Together – Managed Unified Communications Service.
(h) Orange's failure to comply with the Service Level will not relieve Customer from its obligation to pay the Charges.
(i) In case of dispute regarding the non-achievement of a Service Level, Xxxxxx's records and information will prevail.
(j) Notwithstanding anything to the contrary in the Service Level Agreement for an IaaS Service (as defined in the Service Description for the Managed Applications Service), if, during a Month, there is Incident under the IaaS Service Level, and as a consequence of such Incident, Customer is entitled to receive a service credit under the Service Level Agreement for the IaaS Service, then Customer will only receive the greater of the service credits under the Service Level Agreement for the IaaS Service or under this Service Level Agreement, in connection with the same Incident.
(k) The Priority levels referred to in this SLA shall mean the following:
(i) Priority 1 (or P1) means the complete loss of the Service for multiple Users or an Incident has a critical impact on the Customer's activities;
(ii) Priority 2 (or P2) means the Service is deteriorated such that Users are able to access the Service but experience significant difficulties or suffer significant delays;
(iii) Priority 3 (or P3) means the Service is being provided with a delay and difficulties but the Customer's activities are not significantly impacted;
(iv) Priority 4 (or P4) means any Service issue which does not fall into the other priority levels and is not subject to any Service Levels.
(l) The Service Levels in this SLA will not apply to non-production Service Unit(s).
(m) Subject to the other provisions of this Clause 1.3, if, during a Month, there is Incident under this Service Level Agreement, and as a consequence of such same Incident, Customer is entitled to receive more than one service credit for different Service Levels under (and in accordance with) this Service Level Agreement, then Customer will only receive one service credit which is the greater of such service credits.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Service Levels are measured on a quarterly or annual basis, as set forth below.
(a) Each SLA set out herein shall only be an "SLA" if Customer has ordered the Service Levels will apply Select IT services from the first full month following the Effective Date for Orange in addition to the Service. Otherwise, all such SLAs shall be SLOs.
(b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(d) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet the Service Levels under this SLA.
(c) Customer must submit a claim for service credits within a period of 2 months from the notification by Orange to Customer of the report reflecting the actual performance by Orange against the Service Levels.
(d) Breach of a Service Level Agreementdoes not exempt Customer from its obligation to pay the Charges for the Services.
(e) Customer must submit claims for credits for unachieved The Service Levels in writing to Orange within 60 days following exclusively concern the end infrastructure of the Measurement Period in which Customer alleges that Service and under no circumstances apply to the Service Level was not achieved. Within 30 days following receipt of Internet, the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orangelocal browser and users' Internet connections.
(f) Customer must exercise any right to terminate Except otherwise stipulated, the Services provided under this SLA within 60 days Service Levels shall be effective from the first full month following the Date of Acceptance of the breach giving rise to Customer’s right to terminate at Service on the affected Locations. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services within the 60-day period, then Customer’s right to terminate such Services in connection with such breach will lapserelevant site.
(g) Any termination Except otherwise stipulated, the period measured for each Service Level starts on the first day of the Service due to month and ends on the failure by Orange to meet any Service Level under this SLA will be without financial liability to Customer, other than Customer’s liability to pay for last day of the Business Together - Unified Communications Services before the effective date of terminationmonth.
(h) The Management Portal and Service Levels in this SLA will Portals shall not apply be subject to the extent that non-achievement of a any Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) or resulted from the refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution of the IncidentLevels.
(i) In no event will Excluded from the annual total credits due for all unachieved calculation of performance of the Service Levels exceed 50% are all periods of time attributable to Force Majeure Events, Scheduled Maintenance, Third Party intervention, environmental conditions, power cuts, failures during exchanges between telecommunication operators, changes to the Service made at the request of Customer, physical interruptions to termination segments not attributable to Orange or to telecommunication operators, or any act or omission by Customer or a User of the aggregate recurring Charges for the Service in that yearwho is authorized by Customer.
(j) In no event will the total credits due for any unachieved Service Level in any month exceed 100% of the aggregate monthly recurring Charges for the Service at the affected Location(s) in that month.
(k) In no event will Customer be entitled to receive credits or other any remedies for non-achievement of any Service Level if such non-achievement was caused by, and Service Levels expressly exclude by or a result of any time attributable to, a Force Majeure Event, Scheduled Maintenance, Third Party Intervention, environmental conditions, WAN failure, LAN failure, Trunk failure, DHCP failure, Active Directory failure or corruption outside the control action of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment not managed by Orange as part omissions of the Business Together – Managed Unified Communications Services, power failure, any service provided by a third party, or by any act or omission of Customer, Useror due to the inability to contact Customer in case of an incident. In such cases, the total period of Unavailability will be reduced by the period of Unavailability caused respectively by such third party, Customer, or an agent of Customer or User, or of any inability to contact Customer-authorized user of the Business Together – Managed Unified Communications Service.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Service Levels This SLA and Customer’s entitlement to the remedies set out in this SLA are measured on a quarterly or annual basis, as set forth below.subject to the following conditions and exclusions:
(a) The Service Levels set out herein will only be SLAs if the Customer has ordered the services of an Orange service manager (Customer Service Manager) who also handles SSL issues and reports. Otherwise, they will be SLOs.
(b) Service Credits are to be claimed by the Customer within a period of 2 months from the notification by Orange to the Customer of the report reflecting the actual performance by Orange against the Service Levels.
(c) The SGW CCS web portal for monitoring the Service (reporting, monitoring incidents, etc.) is not subject itself to any Service Levels.
(d) Breach of Service Level does not exempt the Customer from its obligation to pay the Charges for the Services.
(e) Excluded from the calculation of performance of the Service Levels are all periods of time attributable to cases of Force Majeure, Scheduled Maintenance, intervention by third parties, environmental conditions, power cuts, failures during exchanges between telecommunication operators, changes to the Service made at the request of the Customer, physical interruptions to termination segments not attributable to Orange or to telecommunication operators, or any act or omission by the Customer or a user of the Secure Gateway Service who is authorized by the Customer.
(f) The Service Levels exclusively concern the infrastructure of the Secure Gateway Service and under no circumstances apply to the Internet, the local browser and users' Internet connections.
(g) Except where stated to the contrary, the Service Levels are effective from the first full month following the Effective Date for of Acceptance of the ServiceSecure Gateway Service on the site in question.
(bh) BetaExcept where stated to the contrary, trial, proof the period measured for each Service Level starts on the first day of concept or pilot services (as determined by Orange) are excluded from this SLAthe month and ends on the last day of the month.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(di) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet the Service Levels under this Service Level Agreement.
(ej) Customer must submit claims for credits for unachieved The GTTR Service Levels in writing are subject to Orange within 60 days following the end of the Measurement Period in which Customer alleges that the Service Level was not achieved. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange.
(f) Customer must exercise any right to terminate the Services provided under this SLA within 60 days of the breach giving rise to Customer’s right to terminate at the affected Locations. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services within the 60-day period, then Customer’s right to terminate such Services in connection with such breach will lapse.
(g) Any termination availability of the Service due to in the failure country concerned (list supplied by Orange to meet any Service Level under this SLA will be without financial liability to Orange, upon request from the Customer, other than Customer’s liability to pay for which may be modified as required) and the Business Together - Unified Communications Services before the effective date of termination.
(h) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) or resulted from the refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution availability of the Incident.
(i) In no event will "site" engineer and the annual total credits due for all unachieved Service Levels exceed 50% of Customer contact on the aggregate recurring Charges for the Service in that year.
(j) In no event will the total credits due for any unachieved Service Level in any month exceed 100% of the aggregate monthly recurring Charges for the Service at the affected Location(s) in that monthsite. This contact must be defined case-by-case.
(k) In no event will Customer be entitled to receive credits or other any remedies for non-achievement of any Service Level if such non-achievement was caused by, and Service Levels expressly exclude any time attributable to, a Force Majeure Event, Scheduled Maintenance, Third Party Intervention, environmental conditions, WAN failure, LAN failure, Trunk failure, DHCP failure, Active Directory failure or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment not managed by Orange as part of the Business Together – Managed Unified Communications Services, power failure, any service provided by a third party; by the Customer; or due to the inability to contact the Customer in case of an Incident. In such cases, the total period of unavailability will be reduced by the period of unavailability caused respectively by such Third Party, the Customer, or by any act inability to contact the Customer. This measure also applies if the Customer refuses to allow the Contractor (or omission of Customer, User, or an agent of Customer or User, or of any Customer-authorized user its representative) access to the site to restore the availability of the Business Together – Managed Unified Communications Service.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Service Levels This document and Customer’s entitlement to the remedies set out in this document are measured on a quarterly or annual basis, as set forth below.subject to the following conditions and exclusions:
(a) Service Levels will apply from the first full month following the Effective Date for the Service.
(b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(d) The remedies contained in this SLA document are Customer’s sole and exclusive remedies for any failure by Orange to meet the Service Levels under this Service Level Agreement. Notwithstanding anything to the contrary contained herein or in the Agreement, the Service Levels for Standard Service and Back-Up Service will be deemed performance level targets ("SLOs" or "Service Level Objectives") only and for which there are no remedies, financial or otherwise, associated with non-achievement of the SLOs.
(eb) Orange's Scheduled Maintenance or emergency maintenance of the Business VPN Satellite Service – Terrestrial Shared, if provided in a proper, non-negligent manner and in accordance with standard industry practices, will not be deemed to be a failure by Orange to provide the Business VPN Satellite Service – Terrestrial Shared in accordance with the Agreement.
(c) Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Measurement Period Month in which Customer alleges that the Service Level was not achieved. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange. Orange will issue all undisputed credits within 90 days of Customer’s written claim.
(fd) Customer must exercise any right to terminate the Services Business VPN Satellite Service – Terrestrial Shared provided under this SLA document within 60 days of the breach giving that gave rise to Customer’s right to terminate the Business VPN Satellite Service – Terrestrial Shared at the affected Locations. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services VPN Satellite Service – Terrestrial Shared within the 60-day period, then Customer’s right to terminate such Services the Business VPN Satellite Service – Terrestrial Shared in connection with such breach will lapse.
(ge) Any termination of the Business VPN Satellite Service – Terrestrial Shared by Customer due to the Orange's failure by Orange to meet any Service Level under this SLA will be is without financial liability to Customer, other than Customer’s liability to pay for the Business Together - Unified Communications Services VPN Satellite Service – Terrestrial Shared provided before the effective date of termination.
(h) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) or resulted from the refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution of the Incident.
(if) In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service in that year.
(j) In no event will the total credits due for any unachieved Service Level in any month Month exceed 100% of the aggregate monthly recurring Qualifying Charges for the affected Location in that Month.
(g) The Service Level for Service Delivery described in Clause 1.5 (Service Level for Orange Service Delivery) is only applicable if Orange does not waive, and if Customer pays, the Charges for installation of the Business VPN Satellite Service – Terrestrial Shared at the affected Location(srelevant Location.
(h) in Unless otherwise specified, the measurement period for all Service Levels commences on the first day of the Month and ends on the last day of the Month.
(i) Service Levels for Site Availability and Round Trip Delay will be measured from the first full Month following the Date of Acceptance of the Business VPN Satellite Service – Terrestrial Shared at the relevant Location.
(j) With respect to the Site Availability Service Level, Outages caused by a CE Router or Satellite Equipment failure outside of Normal Service Conditions are excluded from the calculation of the total Outage. The Site Availability Service Level will apply to Locations situated further than 50km from an Orange Service Center, provided that monththe travel time from the Orange Service Center to the Location will be excluded from the Site Availability calculations. Customer must install appropriate monitoring software on its CE Router.
(k) The Service Level for Site Availability applies only if Satellite Spare Parts are available at the Location. Customer will be responsible for ordering the Satellite Spare Parts and for provisioning the Satellite Spare Parts to Orange in the event of an Incident. The Site Availability Service Level also applies when a regional sparing policy for Customer remote Locations has been mutually agreed with Orange; provided, however Satellite Spare Part shipping time will be excluded from the Site Availability calculations.
(l) In no event will Customer be entitled to receive credits or other remedies for non-achievement of any Service Level if such non-non- achievement was caused by, and Service Levels expressly exclude any time attributable to, a Force Majeure Event, Scheduled Maintenancethe exclusions specified in Exhibit B (Satellite Specific Outages), Third Party Intervention, environmental conditionsScheduled Maintenance, WAN failure, LAN failure, Trunk failure, DHCP failure, Active Directory failure or corruption outside physical disruption to the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment satellite connections not managed caused by Orange as part or the satellite access providers, failure of the Business Together – Managed Unified Communications Services, power failure, any service provided by a third partysatellite, or by any act or omission of Customer, User, or an agent of Customer or User, or of any Customer-authorized user of the Business Together – Managed Unified Communications Orange Network, including any unauthorized changes to the Orange Network, any changes in the internal routing or protocols in Customer’s network, or failure or disconnection of Customer’s equipment. The following Service Levels for Site Availability are applicable to the specific Locations set out in Table 1. Table 2 lists a series of causes for Outages with an indication of responsibility and whether the Outage should be included in the calculation of the Service Level for Site Availability. 1 Breakdown of Satellite Service CPE of the Location. Yes Yes 2 Breakdown or peaks of the power supply at a Location (note 1). No No 3 Breakdown of equipment of the Gateway - Hub Location. Yes Yes 4 Breakdown of the power supply at the Gateway - Hub Location. Yes Yes 5 Agreed maintenance and testing works by Orange (note 2). Yes No 6 Interruption of the availability of space segment (note 3). Yes No 7 Interference from other systems and/or transmissions (note 4). No No 8 Rainfall Outages (note 5). No Yes 9 Short time Outages < 10 min. caused by weather (note 6). No Yes 10 Outages due to severe weather conditions (note 7). No No 11 Sun Outages (note 8). No No 12 Satellite breakdown (note 9). Xx Xx 00 Xxxxx Xxxxxxx. No No Notes:
1. Customer is responsible for the power supply on its premises.
2. Outages due to scheduled maintenance or reasons for which Customer is responsible will not be included in the calculation of Site Availability.
3. Satellite operators have the right to interrupt the availability of the space segment for troubleshooting purposes in case of serious danger to the satellite.
4. This concerns electromagnetic interference from signals and transmissions from other satellite systems, VSATs and terrestrial transmitters and radio links. It also concerns obstacles constructed or installed between the remote Satellite Equipment and the line of sight to the satellite. Orange is not responsible for such interruptions, but will help Customer to rectify the situation and re-establish the Service. All costs incurred by Orange in addressing issues related to interference will be charged to Customer.
5. For all Locations connected by C-band (4/6 GHz), Outages caused by rainfall are lower than 0.01% and by Ku- band; Outages caused by rainfall are lower than 0.1% of the Committed Time Interval (CTI) for the Site Availability.
6. Short time Outages of <10 min. caused by weather (e.g. heavy rains, wind, and lightning) are not taken into consideration for the Site Availability calculation; whether there is a single or multiple such interruptions during any given day.
7. Severe weather conditions (including snow, ice, etc.) - For Locations in areas that are subject to particularly severe weather conditions, specific equipment design (de-icing, etc.) should be considered to avoid Outages.
8. Depending on the geographical position of the Location, there may be Outages resulting from the sun’s position in spring and autumn each year. The duration of each sun outage is 5 to 8 minutes over a five (5) day period. During a sun Outage, the quality of the receiving channel at the Location can cause an interruption of the network connection. The maximum loss of Site Availability by sun Outage is 0.015% per year. At Customer’s option and for an additional Charge, Orange will inform Customer of the anticipated dates/times of a sun Outage period approximately one (1) week before such period occurs.
9. Satellite breakdown is a Force Majeure Event. Nevertheless, Orange will use commercially reasonable efforts to switch the network to a reserve satellite.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. This SLA, and Customer’s entitlement to the remedies set out in this SLA, is subject to the following conditions and exclusions:
(a) Customer must have an Orange Customer Service Manager assigned to its account, or must purchase Service Optimize that includes an Orange Customer Service Manager, who is in a position to track and report on this SLA performance as part of their duties.
(b) Except as otherwise provided in this SLA, all Service Levels for Operational Support Services are measured on a quarterly or annual basis, as set forth below.
(a) Service Levels basis and will apply from the first full month following the Effective Committed Delivery Date for the Service.
(b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLAOperational Support Services at the relevant Location.
(c) All Service Levels for Operational Support Services are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(d) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet provide the Service Levels under Operational Support Services in accordance with this Service Level AgreementSLA.
(e) Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Measurement Period measurement period in which Customer alleges that the Service Level was not achieved. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange.
(f) Customer must exercise any right to terminate the Services provided under this SLA within 60 days of the breach giving rise to Customer’s right to terminate at the affected Locations. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services within the 60-day period, then Customer’s right to terminate such Services in connection with such breach will lapse.
(g) Any termination of the Service due to the failure by Orange to meet any Service Level under this SLA will be without financial liability to Customer, other than Customer’s liability to pay for the Business Together - Unified Communications Services before the effective date of termination.
(h) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) telecommunications provider or resulted from the refusal of any third party (other than a Subcontractor) vendor's refusal to cooperate with Orange in the resolution of the Incident.
(ig) In no event will Notwithstanding anything to the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service contrary contained in that year.
(j) In no event will the total credits due for any unachieved Service Level this SLA, in any month exceed 100% of the aggregate monthly recurring Charges for the Service at the affected Location(s) in that month.
(k) In no event will Customer be entitled to receive credits or other remedies for non-achievement of any Service Level if such non-achievement was caused by, and Service Levels expressly exclude any time attributable to, by a Force Majeure Event, Scheduled Maintenance, Third Party Intervention, Intervention or environmental conditions, WAN failure, LAN failure, Trunk failure, DHCP failure, Active Directory failure or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment not managed by Orange as part of the Business Together – Managed Unified Communications Services, power failure, any service provided by a third party, or by any act or omission of Customer, User, or an agent of Customer or User, or of any Customer-authorized user of the Business Together – Managed Unified Communications ServiceOperational Support Services.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Service Levels are measured on a quarterly or annual basisThis SLA, as and Customer’s entitlement to the remedies set forth below.
(a) Service Levels will apply from the first full month following the Effective Date for the Service.
(b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from out in this SLA.
(c) All Service Levels are measured at , is subject to the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(d) following conditions and exclusions: The remedies contained in this SLA are Customer’s sole and exclusive remedies remedy for any failure by Orange to meet provide the Service Levels under in accordance with the Service Description and this SLA. The Orange Scheduled Maintenance or Emergency Maintenance of the Service Level will not be deemed to be a failure by Orange to provide the Service in accordance with the Agreement.
(e) . Customer must shall submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following from the end of each anniversary of the Measurement Period in which Customer alleges that Date of Acceptance of the Service Level was not achievedService. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange.
(f) Customer must exercise any right to terminate the Services provided under this SLA . Orange will issue all undisputed credits within 60 90 days of the breach giving rise to Customer’s right to terminate at the affected Locationswritten claim. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services within the 60-day period, then Customer’s right to terminate such Services in connection with such breach will lapse.
(g) Any termination of the Service due to the failure by Orange to meet any Service Level under this SLA will be without financial liability to Customer, other than Customer’s liability to pay for the Business Together - Unified Communications Services before the effective date of termination.
(h) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) or resulted from the refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution of the Incident.
(i) In no event will the annual total credits due for all unachieved Service Levels under this SLA during any preceding rolling 12 month period exceed 508% of the aggregate recurring Qualifying Charges for the Service in that year.
(j) In no event will the total credits due for any unachieved Service Level in any month exceed 100% of the aggregate monthly recurring Charges same period. Service Levels for Service Availability will be measured from the first full month following the Date of Acceptance of the Service at the affected Location(s) in that month.
(k) relevant Location. In no event will Customer be entitled to receive any credits or other remedies for non-non- achievement of any Service Level if such non-achievement was caused by, and Service Levels expressly exclude any time attributable to, :
(a) a Force Majeure Event, ,
(b) Scheduled Maintenance or Emergency Maintenance, ,
(c) Third Party Intervention, ;
(d) adverse environmental conditions, WAN failurepower outages, LAN failure, Trunk failure, DHCP failure, Active Directory failure or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment not managed by Orange as part of the Business Together – Managed Unified Communications Services, power failure, any service provided by a third partymajor failures, or physical disruption not caused by Orange;
(e) by any act act, or omission of Customer, User, or an agent of Customer or User, or of any Customer-authorized user of the Business Together – Managed Unified Communications Service, or
(f) any Incidents attributable to:
(i) the data network for interconnection between the seats of the Contact Center Location and the Service platform or the Service, or
(ii) voice network (Contact Center Access).
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Service Levels are measured on a quarterly or annual basis, as Notwithstanding anything to the contrary set forth below.in this SLA, this SLA and Customer’s entitlement to the remedies set out in this SLA are subject to the following conditions and exclusions:
(a) Service Levels will apply from the first full month following the Effective Date for the Service.
(b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(d) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet the Service Levels under this SLA. Customer will not be entitled to any remedies set out in this SLA, and the Service Levels will not apply, if Customer does not purchase the Service Management’s Service Optimize feature plus the Availability SLA option, the GTTR Service Level option, and the DTTR Service Level option. The Service Optimize feature and the aforementioned options are described in the Service Description for Service Management. Notwithstanding anything to the contrary contained in this SLA, if Customer cease to purchase all such Service Optimize options, then all Service Levels will automatically convert into, and will be treated as SLO, and all remedies, financial or otherwise, associated with non-achievement of any Service Level will be null and void.
(b) Scheduled VMS Internet Maintenance or emergency maintenance of the VMS Internet service or the other Orange Services (e.g. DNS and DHCP associated with the Network Service that are under imminent malicious attack), if provided in a proper, non-negligent manner and in accordance with standard industry practices, will not be deemed to be a failure by Orange to provide the VMS Internet in accordance with the Agreement.
(ec) Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Measurement Period Month in which Customer alleges that the alleged Service Level was not achievedfailure occurred. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, credit (if any, ) from reports generated by OrangeOrange and will issue all undisputed credits within 90 days from the date of its receipt of Customer’s written claim.
(f) Customer must exercise any right to terminate the Services provided under this SLA within 60 days of the breach giving rise to Customer’s right to terminate at the affected Locations. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services within the 60-day period, then Customer’s right to terminate such Services in connection with such breach will lapse.
(g) Any termination of the Service due to the failure by Orange to meet any Service Level under this SLA will be without financial liability to Customer, other than Customer’s liability to pay for the Business Together - Unified Communications Services before the effective date of termination.
(h) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) or resulted from the refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution of the Incident.
(i) In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service in that year.
(j) In no event will the total credits due for any unachieved Service Level in any month exceed 100% of the aggregate monthly recurring Charges for the Service at the affected Location(s) in that month.
(kd) In no event will Customer be entitled to receive Service Level credits for any failure to meet the Site Availability Service Level, GTTR Service Level, or DTTR Service Level arising from or related to the same Outage Incident.
(e) The cumulative and total Service Level credits that Customer will be entitled to receive per Location per Month for non-achievement of any and all Service Levels applicable to the Location during such Month will not exceed 100% of such Month’s Monthly Recurring Charges for the affected Location. For clarity, Monthly Recurring Charges exclude any and all one-time Charges (including, but without limitation, Charges for installation, project management and professional services) amortized into monthly payments by the agreement between Orange and the Customer.
(f) All Service Levels and SLO will begin on the first full Month following the Date of Acceptance of the VMS Internet at the Location. Unless otherwise expressly stated in this SLA, the measurement period for all Service Levels and SLO will start on the first day of the Month and will end on the last day of the Month.
(g) In no event will Customer be entitled to receive any credits or other remedies for non-achievement of any Service Level if such non-achievement was caused by, and Service Levels expressly exclude any time attributable to, by a Force Majeure Event, Scheduled VMS Internet Maintenance, Third Party Intervention, environmental conditionscondition failure (e.g. air conditioning failure in the equipment room where the CE Router is installed), WAN failurepower outages, LAN failure, Trunk failure, DHCP failure, Active Directory failure or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment disruption to Access Circuits not managed caused by Orange as part of the Business Together – Managed Unified Communications Services, power failure, any service provided by a third partyor ISPs, or by any act or omission of Customer, User, or an agent of Customer or any User, or of any Customer-authorized user .
(h) With respect to the IPv6 communication protocol:
(i) no Site Availability Service Level is offered in relation to the usage of the Business Together – Managed Unified Communications ServiceIPv6;
(ii) no GTTR Service Level or DTTR Service Level is offered in relation to the usage of the IPv6; and
(iii) Incidents related to or caused specifically by the usage of the IPv6 are excluded from this SLA.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Service Levels are measured on a quarterly or annual basis, as Notwithstanding anything to the contrary set forth below.in this SLA, this SLA and Customer’s entitlement to the remedies set out herein are subject to the following conditions and exclusions:
(a) Service Levels will apply from the first full month following the Effective Date for the Service.
(b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(d) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet provide Open Videopresence Flexible Premium Services in accordance with the Service Description for Open Videopresence Flexible Premium Services or this SLA. Customer will be entitled to the remedies set out in this SLA only for Service Levels applicable to Availability, Room Availability (advanced option only), Mean Time to Restore, Concierge Services (Tapis Rouge option only), and Booking and Scheduling Quality (Tapis Rouge option only), Notwithstanding anything to the contrary contained herein, if Orange only provides Customer with standard Open Videopresence Flexible Premium Services (i.e. Customer did not order the advanced option or Tapis Rouge option) the Service Levels under this for Room Availability, Concierge Services, and Booking and Scheduling Quality will be deemed performance level targets ("SLOs" or "Service Level AgreementObjectives") only and for which there are no remedies, financial or otherwise, associated with non-achievement.
(eb) Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Measurement Period month in which Customer alleges that the Service Level was not achieved. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange.
(f) Customer must exercise any right to terminate the Services provided under this SLA within 60 days of the breach giving rise to Customer’s right to terminate at the affected Locations. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services within the 60-day period, then Customer’s right to terminate such Services in connection with such breach will lapse.
(g) Any termination of the Service due to the failure by Orange to meet any Service Level under this SLA will be without financial liability to Customer, other than Customer’s liability to pay for the Business Together - Unified Communications Services before the effective date of termination.
(h) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) or resulted from the refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution of the Incident.
(ic) In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service in that year.
(j) In no event will the total credits due for any unachieved Service Level Levels in any month for a Location exceed 100% of the aggregate monthly recurring Qualifying Charges for the Service Open Videopresence Flexible Premium Services at the affected Location(s) that Location in that month.
(d) In no event will total credits due for any unachieved Service Levels exceed 200% of the monthly Qualifying Charges for Open Videopresence Flexible Premium Services at a Location for a one- year period.
(e) This SLA will apply to endpoints connected on IP VPN Service or Business VPN Service only. They do not apply to dedicated endpoints or endpoints with ISDN or Internet connectivity.
(f) Orange Scheduled Maintenance or emergency maintenance, if provided in a proper, non- negligent manner and in accordance with standard industry practices, will not be deemed to be a failure by Orange to provide the Open Videopresence Flexible Premium Services.
(g) Outages related to the Orange booking portal, ISDN, and internet gateways will be excluded from calculation of any service credits.
(h) Unless otherwise specified, the measurement period for all Service Levels (or SLOs, as described in Clause 1.3(a) above) commences on the first day of the Month and ends on the last day of the Month.
(i) Service Levels (or SLOs as described in Clause 1.3(a) above) will be measured form the first full Month following the Date of Acceptance of the Open Videopresence Flexible Premium Services at the relevant Location.
(j) Customer shall not be entitled to service credits on for non-achievement of any Service Level described in this SLA to the extent Customer is entitled to service credits for the same Incident affecting another Service.
(k) With respect to the Service level for Mean Time to Restore, Customer must provide Orange with all information and assistance reasonably required by Orange to remedy an Outage, including providing remote troubleshooting or diagnostics assistance and access to the Location to conduct any on-site repair(s) that may be needed.
(l) With respect to the Service Level for Room Availability, an Outage relating to a malfunctioning of WAN or Customer’s Network will be expressively excluded from the corresponding Outage time.
(m) In no event will Customer be entitled to receive any credits or other remedies for non-non- achievement of any Service Level if such non-achievement was caused by, and Service Levels expressly exclude any time attributable to, by a Force Majeure Eventevent, Scheduled Maintenance, Third Party Intervention, environmental conditions, WAN failurepower outages, LAN failurefailures of TO exchanges, Trunk failure, DHCP failure, Active Directory failure or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment physical disruption to Tail Circuits not managed caused by Orange as part of the Business Together – Managed Unified Communications Services, power failure, any service provided by a third partyor TOs, or by any act or omission of Customer, User, or an agent of Customer or User, or of any Customer-authorized user of the Business Together Open Videopresence Flexible Premium Services. (n) Customer will not be entitled to any remedies set out in this SLA unless, and Service Levels will apply only if, Customer purchases Service Select Extended – Managed Unified Communications ServiceService Support and Service Delivery as described in the Service Description for Service Select for Open Videopresence Flexible Premium.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Service Levels are measured on a quarterly or annual basis, as Notwithstanding anything to the contrary set forth below.in this SLA, this SLA and Customer’s entitlement to the remedies set out in this SLA are subject to the following conditions and exclusions:
(a) Service Levels will apply from the first full month following the Effective Date for the Service.
(b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(d) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet the Service Levels under this SLA. Customer will not be entitled to any remedies set out in this SLA, and the Service Levels will not apply, if Customer does not purchase the Service Management’s Service Optimize feature plus the Availability SLA option, the GTTR Service Level option, either Capacity Review option or Path Performance Service Level option, and the DTTR Service Level option. The Service Optimize feature and the aforementioned options are described in the Service Description for Service Management. Notwithstanding anything to the contrary contained in this SLA, if Customer ceases to purchase all such Service Optimize options, then all Service Levels will automatically convert into, and will be treated as SLO (except that if Customer does not subscribe to either the Capacity Review option or Path Performance Service Level option, then there will be no Service Level or SLO for the Internet RTD and Internet PLR), and all remedies, financial or otherwise, associated with non-achievement of any Service Level will be null and void.
(b) Scheduled Internet Essential Maintenance or emergency maintenance of the Service or the other Orange Services (e.g. DNS and DHCP associated with the Service that are under imminent malicious attack), if provided in a proper, non-negligent manner and in accordance with standard industry practices, will not be deemed to be a failure by Orange to provide the Internet Essential in accordance with the Agreement.
(ec) Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Measurement Period Month in which Customer alleges that the alleged Service Level was not achievedfailure occurred. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, credit (if any, ) from reports generated by OrangeOrange and will issue all undisputed credits within 90 days from the date of its receipt of Customer’s written claim.
(f) Customer must exercise any right to terminate the Services provided under this SLA within 60 days of the breach giving rise to Customer’s right to terminate at the affected Locations. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services within the 60-day period, then Customer’s right to terminate such Services in connection with such breach will lapse.
(g) Any termination of the Service due to the failure by Orange to meet any Service Level under this SLA will be without financial liability to Customer, other than Customer’s liability to pay for the Business Together - Unified Communications Services before the effective date of termination.
(h) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) or resulted from the refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution of the Incident.
(i) In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service in that year.
(j) In no event will the total credits due for any unachieved Service Level in any month exceed 100% of the aggregate monthly recurring Charges for the Service at the affected Location(s) in that month.
(kd) In no event will Customer be entitled to receive Service Level credits for any failure to meet the Site Availability Service Level, GTTR Service Level, or DTTR Service Level arising from or related to the same Outage Incident.
1 Based on data collected by the measurement probe, polled IP packets that either do not have a recorded round trip latency measurement or zero round trip latency measurement will be discarded from the calculation of the Monthly average Internet RTD. 2 Based on data collected by the measurement probe, polled IP packets that do not have a recorded packet drop measurement or have a 100% packet drop measurement (meaning an Outage) will be discarded from the calculation of the Monthly average packet loss.
(e) The cumulative and total Service Level credits that Customer will be entitled to receive per Location per Month for non-achievement of any and all Service Levels applicable to the Location during such Month will not exceed 100% of such Month’s Monthly Recurring Charges for the affected Location. For clarity, Monthly Recurring Charges exclude any and all one-time Charges (including, but without limitation, Charges for installation, project management and professional services) amortized into monthly payments by the agreement between Orange and the Customer.
(f) Except for the Internet RTD and Internet PLR, all Service Levels and SLO will begin on the first full Month following the Date of Acceptance of the Internet Essential at the Location. The Internet RTD and Internet PLR Service Levels (or SLO, as the case may be) will begin on the first full Month after the Observation Period. Unless otherwise expressly stated in this SLA, the measurement period for all Service Levels and SLO will start on the first day of the Month and will end on the last day of the Month.
(g) In no event will Customer be entitled to receive any credits or other remedies for non-achievement of any Service Level if such non-achievement was caused by, and Service Levels expressly exclude any time attributable to, by a Force Majeure Event, Scheduled Internet Essential Maintenance, Third Party Intervention, environmental conditionscondition failure (e.g. air conditioning failure in the equipment room where the CE Router is installed), WAN failurepower outages, LAN failure, Trunk failure, DHCP failure, Active Directory failure or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment disruption to Internet Access not managed caused by Orange as part of or the Business Together – Managed Unified Communications Services, power failure, any service provided by a third partyISPs, or by any act or omission of Customer, User, or an agent of Customer or any User, or of any Customer-authorized user .
(h) With respect to the IPv6 communication protocol:
(i) no Site Availability Service Level is offered in relation to the usage of the Business Together – Managed Unified Communications ServiceIPv6;
(ii) no GTTR Service Level or DTTR Service Level is offered in relation to the usage of the IPv6; and
(iii) Incidents related to or caused specifically by the usage of the IPv6 are excluded from this SLA.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Notwithstanding anything to the contrary in this SLA, this SLA and Customer’s entitlement to the remedies set out in this SLA are subject to the following conditions and exclusions:
(a) Service Levels are measured on a quarterly Monthly, quarterly, or annual basis, as set forth below.
(ab) Service Levels will apply from the start of the first full month Month following the Effective Date for the Serviceof Acceptance.
(bc) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(cd) All Notwithstanding anything to the contrary contained herein, all Service Levels are measured at the overall contract levelObjectives (SLOs) provided by Orange shall be deemed objective service level guides only; and Customer shall not be entitled to any remedies, not at an individual Locationfinancial or otherwise, country or regional level, unless otherwise specifiedassociated with any non-achievement by Orange of such SLOs.
(de) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet provide the Service Levels under this Service Level Agreement.
(e) Service. Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Measurement Period in which Customer alleges that the Service Level was not achieved. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange.
(f) Customer must exercise any right to terminate the Services Service provided under this SLA within 60 days of the breach giving rise to Customer’s right to terminate at the affected Locations. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services Service within the 60-day period, then Customer’s right to terminate such Services in connection with such breach will lapse.
(g) Any termination of the Service by Customer due to the Orange’s failure by Orange to meet any Service Level under this SLA will be without financial liability to Customer, other than Customer’s liability to pay for the Business Together - Unified Communications Services With Microsoft Service before the effective date of termination.
(h) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) or resulted from the refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution of the Incident.
(i) In no event will the total credits due for any unachieved Service Level in any Month exceed 100% of the aggregate Monthly recurring Qualifying Charges for the Business Together With Microsoft Service at the affected Location(s) in that Month.
(j) In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Qualifying Charges for the Service in that year.
(j) In no event will the total credits due for any unachieved Service Level in any month exceed 100% of the aggregate monthly recurring Charges for the Service at the affected Location(s) in that month.
(k) In no event will Customer be entitled to receive credits or other remedies for non-achievement of any Service Level if such non-achievement was caused by, and Service Levels expressly exclude any time attributable to, a Force Majeure Event, Scheduled Maintenance, Third Party Intervention, environmental conditions, WAN wide area network failure, LAN local area network failure, Trunk trunk failure, DHCP failure, Active Directory failure Microsoft active directory failure, or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®the vendor, PC multimedia failure, any IP telephony network component or equipment not managed by Orange as part of the Business Together – Managed Unified Communications ServicesService, power failure, any service provided by a third party, or by any act or omission of Customer, User, or an agent of Customer or User, or of any Customer-authorized user of the Business Together – Managed Unified Communications Service.
(l) Orange’s failure to comply with the Service Level will not relieve Customer from its obligation to pay the Charges.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Service Levels This SLA, and Xxxxxxxx’s entitlement to the remedies set out in this SLA, are measured on a quarterly or annual basis, as set forth below.subject to the following conditions and exclusions:
(a) Service Levels will apply from the first full month following the Effective Date for the Service.
(b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(d) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet provide Business Talk in accordance with the Service Levels under Description for Business Talk or this Service Level AgreementSLA.
(eb) Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Measurement Period month in which Customer alleges that the Service Level was not achieved. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange.
(fc) Customer must exercise any termination right to terminate the Services provided under this SLA within 60 days of the breach giving rise to Customer’s 's right to terminate Business Talk at the affected LocationsLocation. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services within the 60-day period, then Customer’s 's right to terminate such Services Business Talk in connection with such breach will lapse.
(gd) Any termination of the Service Business Talk by Customer due to the Orange's failure by Orange to meet any Service Level under this SLA will be without financial liability to Customer, other than Customer’s liability to pay for the Business Together - Unified Communications Services Talk provided before the effective date of termination.
(h) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) or resulted from the refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution of the Incident.
(ie) In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service in that year.
(j) In no event will the total credits due for any unachieved Service Level Levels in any month for a Location exceed 100% of the aggregate monthly recurring Qualifying Charges for the Service Business Talk at the affected Location(s) that Location in that month.
(kf) The Service Level for Orange Service Delivery in Clause 1.9 of this document is only applicable if Orange does not waive and Customer pays the installation charges for Business Talk for the relevant Location.
(g) Unless otherwise specified, the measurement period for all Service Levels and SLOs commences on the first day of the month and ends on the last day of the month.
(h) Customer will not be entitled to any remedies set out in this SLA unless, and Service Levels will apply only if, Customer receives the "Service Select - Extended Service Delivery" Service (as described in a separate Service Select Service Description attached to this Agreement) for Business Talk. Notwithstanding anything to the contrary contained herein, if Customer receives the "Service Select - Standard Service Delivery" Service for Business Talk, all Service Levels will be deemed SLOs only.
(i) In no event will Customer be entitled to receive any credits or other remedies for non-achievement of any Service Level if such non-achievement was caused by, and Service Levels expressly exclude any time attributable to, a Force Majeure Event, Scheduled Maintenance, Third Party Intervention, environmental conditions, WAN failurepower outages, LAN failurefailures to TO exchanges, Trunk failure, DHCP failure, Active Directory failure or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment physical disruption to Tail Circuits not managed caused by Orange as part of the Business Together – Managed Unified Communications Services, power failure, any service provided by a third partyor TOs, or by any act or omission of Customer, User, or an agent of Customer or User, or of any Customer-authorized user of Business Talk.
(j) This SLA will not apply to Business Talk using IP Access Internet, IP Access Small, IP Access Satellite, or IP Access Connect; except that for IP Access Connect, the SLA will apply to the Hub Site, i.e. the Location connected to the Orange Business Together – Managed Unified Communications VPN Corporate Service.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Notwithstanding anything to the contrary in this SLA, this SLA and Customer’s entitlement to the remedies set out in this SLA are subject to the following conditions and exclusions:
(a) Service Levels are measured on a quarterly Monthly, quarterly, or annual basis, as set forth below.
(ab) Service Levels will apply from the start of the first full month Month following the Effective Date for the Serviceof Acceptance.
(bc) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(cd) All Notwithstanding anything to the contrary contained herein, all Service Levels are measured at the overall contract levelObjectives (SLOs) provided by Orange shall be deemed objective service level guides only; and Customer shall not be entitled to any remedies, not at an individual Locationfinancial or otherwise, country or regional level, unless otherwise specifiedassociated with any non-achievement by Orange of such SLOs.
(de) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet provide the Service Levels under this Service Level Agreement.
(e) Service. Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Measurement Period in which Customer alleges that the Service Level was not achieved. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange.
(f) Customer must exercise any right to terminate the Services Service provided under this SLA within 60 days of the breach giving rise to Customer’s right to terminate at the affected Locations. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services Service within the 60-day period, then Customer’s right to terminate such Services in connection with such breach will lapse.
(g) Any termination of the Service by Customer due to the Orange’s failure by Orange to meet any Service Level under this SLA will be without financial liability to Customer, other than Customer’s liability to pay for the Business Together - Unified Communications Services as a Service before the effective date of termination.
(h) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) or resulted from the refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution of the Incident.
(i) In no event will the total credits due for any unachieved Service Level in any Month exceed 100% of the aggregate Monthly recurring Qualifying Charges for the Business Together as a Service at the affected Location(s) in that Month.
(j) In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Qualifying Charges for the Service in that year.
(j) In no event will the total credits due for any unachieved Service Level in any month exceed 100% of the aggregate monthly recurring Charges for the Service at the affected Location(s) in that month.
(k) In no event will Customer be entitled to receive credits or other remedies for non-achievement of any Service Level if such non-achievement was caused by, and Service Levels expressly exclude any time attributable to, a Force Majeure Event, Scheduled Maintenance, Third Party Intervention, environmental conditions, WAN failure, LAN failure, Trunk failure, DHCP failure, Active Directory failure failure, or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®the vendor, PC multimedia failure, any IPT network component or equipment not managed by Orange as part of the Business Together – Managed Unified Communications ServicesService, power failure, any service provided by a third party, or by any act or omission of Customer, User, or an agent of Customer or User, or of any Customer-authorized user of the Business Together – Managed Unified Communications Service.
(l) Orange’s failure to comply with the Service Level will not relieve Customer from its obligation to pay the Charges.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Service Levels This SLA and Customer’s entitlement to the remedies set out in this SLA are measured on a quarterly or annual basis, as set forth below.subject to the following conditions and exclusions:
(a) Service Levels Level(s) are measured on a monthly basis.
(b) This SLA will only apply to Managed Equipment connected on Business VPN Service.
(c) This SLA is not applicable to the Managed Equipment with the Light service option.
(d) Service Level will apply from the first full day of the calendar month following Acceptance of the Effective Date for the ServiceOpen Videopresence Management Services.
(be) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(d) The remedies Remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet provide the Open Videopresence Management Services in accordance with the Service Levels under Description of Open Videopresence Management Services or this Service Level AgreementSLA.
(ef) Customer must submit claims a claim for credits a service credit for an unachieved Service Levels Level in writing to Orange within 60 30 days following the end of the Measurement Period measurement period in which Customer alleges that the Service Level was not achieved. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange.
(fg) Customer must exercise any right shall not be entitled to terminate the Services provided under this SLA within 60 days service credits for non-achievement of the breach giving rise to Customer’s right to terminate at the affected Locations. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services within the 60-day period, then Customer’s right to terminate such Services in connection with such breach will lapse.
(g) Any termination of the Service due to the failure by Orange to meet any Service Level under as described in this SLA will be without financial liability in case Customer is entitled to Customer, other than Customer’s liability to pay service credits under the Network Services for the Business Together - Unified Communications Services before the effective date of terminationsame Incident.
(h) The Service Levels in this SLA will apply if and only if the following conditions are met:
(i) Any changes to the configuration of the Managed Equipment implemented after installation are performed by Orange or with Orange prior written consent;
(ii) Customer reasonably follows Orange and the Vendor's recommended best practices and operating procedures, including operational best practices, test planning, procedures for maintaining/updating Software versions, third party software/hardware integration, and problem reporting;
(iii) Customer provides a single point of contact to Orange to establish key operational and data collection and reporting processes between Orange and Customer, including trouble ticket creation management and reporting;
(iv) Customer obtains written consent from Orange before deploying any third party product that interconnects with the Managed Equipment other than as expressly contemplated in the relevant Managed Equipment specifications, and fully tests and validates the interoperability of such products or services before use in the production environment; and
(v) Customer approves the implementation of Orange recommendation regarding Software updates, Room design, design changes, sparing requirements, operating systems, methods, and procedures that impact the operation of the Managed Equipment.
(i) The Service Level in this SLA will not apply to the extent that non-achievement of a Service Level resulted results from a failure or is due to or is connection with any of network services the following reasons:
(i) Network services, software or equipment being provided by Customer or a third party party;
(other than a Subcontractorii) or resulted from the The refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution of the Incident.;
(iiii) Customer’s failure to comply with its responsibilities as set forth in the Agreement, including the Service Description for Open Videopresence Management Services;
(iv) Any exclusion or limitation applicable to the Vendor Branded Maintenance or Cobrand Maintenance Services, including any limitations related to geographic restrictions for hardware delivery times. The Orange liability for hardware failure is limited to a single remedy on the day the Incident occurred;
(v) A lack of interoperability between the Managed Equipment and any third party products not approved by Orange;
(vi) Customer’s use of the Managed Equipment in a manner inconsistent with its published specifications, including its environmental specifications;
(vii) In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service in that year.
(j) In no event will the total credits due for any unachieved Service Level Levels in any month for a Location exceed 100% of the aggregate monthly recurring Qualifying Charges for the Service Open Videopresence Management Services at the affected Location(s) that Location in that month.; In no event will total credits due for any unachieved Service Levels exceed 200% of the monthly Qualifying Charges for Open Videopresence Management Services at a Location for a Year;
(kviii) In no event will Customer be entitled to receive any credits or other remedies for non-achievement of any Service Level if such non-achievement was caused by, and Service Levels expressly exclude any time attributable to, by a Force Majeure Eventevent, Scheduled Maintenance, Third Party Intervention, environmental conditions, WAN failure, LAN failure, Trunk failurepower outages, DHCP failurefailures of TO exchanges, Active Directory failure or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment physical disruption to Tail Circuits not managed caused by Orange as part of the Business Together – Managed Unified Communications Services, power failure, any service provided by a third partyor TOs, or by any act or omission of Customer, User, or an agent of Customer or User, or of any Customer-authorized user of the Business Together Open Videopresence Management Services;
(ix) Customer will not be entitled to any remedies set out in this SLA unless, and Service Levels will apply only if, Customer purchases Service Select Extended – Managed Unified Communications ServiceService Support and Service Delivery.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Service Levels are measured on a quarterly or annual basis, as set forth below.
(a) Each SLA set out herein shall only be an "SLA" if Customer has ordered the Service Levels will apply Select IT services from the first full month following the Effective Date for Orange in addition to the Service. Otherwise, all such SLAs shall be SLOs.
(b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(d) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet the Service Levels under this SLA.
(c) Customer must submit a claim for service credits within a period of 2 months from the notification by Orange to Customer of the report reflecting the actual performance by Orange against the Service Levels.
(d) Breach of a Service Level Agreementdoes not exempt Customer from its obligation to pay the Charges for the Services.
(e) Customer must submit claims for credits for unachieved The Service Levels in writing to Orange within 60 days following exclusively concern the end infrastructure of the Measurement Period in which Customer alleges that Service and under no circumstances apply to the Service Level was not achieved. Within 30 days following receipt of Internet, the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orangelocal browser and users' Internet connections.
(f) Customer must exercise any right to terminate Except otherwise stipulated, the Services provided under this SLA within 60 days Service Levels shall be effective from the first full month following the Date of Acceptance of the breach giving rise to Customer’s right to terminate at Service on the affected Locations. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services within the 60-day period, then Customer’s right to terminate such Services in connection with such breach will lapserelevant site.
(g) Any termination Except otherwise stipulated, the period measured for each Service Level starts on the first day of the Service due to month and ends on the failure by Orange to meet any Service Level under this SLA will be without financial liability to Customer, other than Customer’s liability to pay for last day of the Business Together - Unified Communications Services before the effective date of terminationmonth.
(h) The Management Portal and Service Levels in this SLA will Portals shall not apply be subject to the extent that non-achievement of a any Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) or resulted from the refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution of the IncidentLevels.
(i) In no event will Excluded from the annual total credits due for all unachieved calculation of performance of the Service Levels exceed 50% are all periods of time attributable to cases of Force Majeure, Scheduled Maintenance, intervention by third parties, environmental conditions, power cuts, failures during exchanges between telecommunication operators, changes to the Service made at the request of Customer, physical interruptions to termination segments not attributable to Orange or to telecommunication operators, or any act or omission by Customer or a User of the aggregate recurring Charges for the Service in that yearwho is authorized by Customer.
(j) In no event will the total credits due for any unachieved Service Level in any month exceed 100% of the aggregate monthly recurring Charges for the Service at the affected Location(s) in that month.
(k) In no event will Customer be entitled to receive credits or other any remedies for non-achievement of any Service Level if such non-achievement was caused by, and Service Levels expressly exclude by or a result of any time attributable to, a Force Majeure Event, Scheduled Maintenance, Third Party Intervention, environmental conditions, WAN failure, LAN failure, Trunk failure, DHCP failure, Active Directory failure or corruption outside the control action of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment not managed by Orange as part omissions of the Business Together – Managed Unified Communications Services, power failure, any service provided by a third party, or by any act or omission of Customer, Useror due to the inability to contact Customer in case of an incident. In such cases, the total period of Unavailability will be reduced by the period of Unavailability caused respectively by such third party, Customer, or an agent of Customer or User, or of any inability to contact Customer-authorized user of the Business Together – Managed Unified Communications Service.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Service Levels are measured on a quarterly or annual basis, as Notwithstanding anything otherwise to the contrary in this SLA and in addition to any other conditions and limitations otherwise set forth below.in this SLA, this SLA and Customer’s entitlement to the remedies set out in this SLA are subject to the following conditions and exclusions:
(a) Service Levels will apply from the first full month following the Effective Date for the Service.
(b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(d) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to provide Business Talk in accordance with the Service Description for Business Talk or to meet the Service Levels under set forth in this Service Level AgreementSLA.
(eb) Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Measurement Period month in which Customer alleges that the alleged Service Level was not achievedfailure occurred. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by OrangeOrange and will issue all undisputed credits within 90 days from the date of its receipt of Customer’s written claim.
(fc) Customer must exercise any Business Talk Service termination right to terminate the Services provided under this SLA within 60 days of the breach giving date of the Service Level failure that gave rise to Customer’s 's right to terminate at the affected Locationssuch termination right. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services Talk within the 60-day period, then Customer’s 's termination right to terminate such Services in connection with such breach will lapse.
(gd) Any The exercise by Customer of any termination of the Service due to the failure by Orange to meet any Service Level right under this SLA will be without financial liability to Customer, other than Customer’s liability except that Customer will be liable to pay Orange for Business Talk provided up to the date that Business Together - Unified Communications Services before the effective date of terminationTalk is actually disconnected by Orange.
(he) The cumulative and total Service Levels in this SLA Level credits that Customer will not apply be entitled to the extent that receive per Location per month for non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) or resulted from the refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution of the Incident.
(i) In no event will the annual total credits due for and all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service in that year.
(j) In no event applicable to a Location during such month will the total credits due for any unachieved Service Level in any month not exceed 100% of the aggregate monthly recurring Qualifying Charges for the Service at the affected Location(s) Location in that month.
(kf) The Service Level for Orange Service Delivery in Clause 1.7 above only applies if Orange does not waive and Customer pays the installation charges for Business Talk for the relevant Location.
(g) All applicable Service Levels and SLOs will begin on the first full month following the Date of Acceptance of Business Talk at the Location. Unless otherwise specified in this SLA, the measurement period for all Service Levels and SLOs commences on the first day of the month and ends on the last day of the month.
(h) Customer will not be entitled to any remedies set out in this SLA, and the Service Levels will not apply if, Customer does not purchase either the Service Select - Extended Service Delivery or Service Management with the Service Optimize option (as described in separate Service Descriptions) for Business Talk. Notwithstanding anything to the contrary contained in this SLA, if Customer does not purchase Service Select - Extended Service Delivery or Service Management with the Service Optimize option for Business Talk, all Service Levels will be deemed SLOs only.
(i) In no event will Customer be entitled to receive any credits or other remedies for non-achievement of any Service Level if such non-achievement was caused by, and Service Levels expressly exclude any time attributable to, a Force Majeure Event, Scheduled Maintenance, Third Party Intervention, environmental conditions, WAN failurepower outages, LAN failurefailures to Access Provider exchanges, Trunk failure, DHCP failure, Active Directory failure or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment disruption to Access Circuits not managed caused by Orange as part of the Business Together – Managed Unified Communications Services, power failure, any service provided by a third partyor Access Providers, or by any act or omission of CustomerCustomer or any User.
(j) The Service Levels (or SLOs, Useras applicable) do not apply to Business Talk using IP Access Internet, IP Access Small, IP Access Satellite, or an agent of Customer IP Access Connect; except that for IP Access Connect, the Service Levels or UserSLOs, or of any Customer-authorized user of as applicable will apply to the Hub Site, i.e. the Location connected to the Orange Business Together – Managed Unified Communications VPN Corporate Service.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Service Levels are measured on a quarterly or annual basis, as set forth below.
(a) Service Levels will apply from This SLA is subject to the first full month following the Effective Date for the Service.
(b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(d) conditions and exclusions: ▪ The remedies contained in this SLA are Customer’s sole and exclusive remedies remedy for any failure by Orange to meet provide the Service Levels under this in accordance with the Agreement. ▪ Periodic routine, non-routine, or emergency maintenance of the Service Level by Orange, if provided in a proper, non- negligent manner and in accordance with standard industry practices, will not be deemed to be a failure by Orange to provide the Service in accordance with the Agreement.
(e) Customer . ▪ Orange must submit receive all claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Measurement Period Month in which Customer alleges that the a Service Level was not achieved. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange.
(f) . Orange will issue all applicable credits within 90 days after Customer’s written claim. ▪ Customer must exercise any Service termination right to terminate the Services provided under this SLA within 60 days of the breach giving that gave rise to Customer’s right to terminate at cancel the affected LocationsService. If Customer does not notify Orange in writing of its election to terminate cancel the Business Together - Unified Communications Services Service within the 60-day period, then Customer’s right to terminate such Services the Service in connection with such said breach will shall lapse.
(g) . ▪ Any termination of the Service by Customer due to the failure by Orange to meet any Service Level under this SLA will be is without financial liability to Customer, other than Customer’s liability to pay for the Business Together - Unified Communications Services Service provided before the effective date of termination.
(h) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) or resulted from the refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution of the Incident.
(i) . ▪ In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service in that year.
(j) In no event will the total credits due for any unachieved Service Level in any month Month exceed 100% of the aggregate monthly recurring Qualifying Charges for the Service at the affected Location(s) in that month.
Month. ▪ The Service Level for Orange Service Delivery is only applicable if the Service implementation fee is being charged to and is paid by Customer. ▪ Unless otherwise specified, the measurement period for all Service Levels commences on the first day of the Month and ends on the last day of the Month. ▪ Service Levels for Site Availability will be measured from the first full Month following the Date of Acceptance of the Service at the relevant Location. ▪ With respect to Site Availability Service Level, for any Location that (ka) is outside of the area of Normal Service (as defined in Clause 1.5) and (b) has only a single CPE installed, Outages caused by a CPE failure are excluded from the calculation of total Outages. ▪ The diversity of Tail Circuits in Dual solutions must be confirmed by TO. ▪ In no event will Customer be entitled to receive any credits or other remedies for non-achievement of any Service Level if such non-achievement was caused by, and Service Levels expressly exclude any time attributable to, by a Force Majeure Eventevent, Scheduled Maintenance, Third Party Intervention, Intervention or environmental conditions, WAN failurepower outages, LAN failurefailures to TO exchanges, Trunk failure, DHCP failure, Active Directory failure or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment physical disruption to Tail Circuits not managed caused by Orange as part of the Business Together – Managed Unified Communications Services, power failure, any service provided by a third partyor TOs, or by any act or omission of Customer, User, or an agent of Customer or User, or of any Customer-authorized user of the Business Together – Managed Unified Communications ServiceNetwork.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Service Levels are measured on a quarterly or annual basis, as set forth below.
(a) Service Levels will apply from This SLA is subject to the first full month following the Effective Date for the Service.
(b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(d) conditions and exclusions: The remedies contained in this SLA are Customer’s sole and exclusive remedies remedy for any failure by Orange to meet provide the Service Levels under this in accordance with the Agreement. Periodic routine, non-routine, or emergency maintenance of the Service Level by Orange, if provided in a proper, non- negligent manner and in accordance with standard industry practices, will not be deemed to be a failure by Orange to provide the Service in accordance with the Agreement.
(e) Customer . Orange must submit receive all claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Measurement Period Month in which Customer alleges that the a Service Level was not achieved. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange.
(f) . Orange will issue all applicable credits within 90 days after Customer’s written claim. Customer must exercise any Service termination right to terminate the Services provided under this SLA within 60 days of the breach giving that gave rise to Customer’s right to terminate at cancel the affected LocationsService. If Customer does not notify Orange in writing of its election to terminate cancel the Business Together - Unified Communications Services Service within the 60-day period, then Customer’s right to terminate such Services the Service in connection with such said breach will shall lapse.
(g) . Any termination of the Service by Customer due to the failure by Orange to meet any Service Level under this SLA will be is without financial liability to Customer, other than Customer’s liability to pay for the Business Together - Unified Communications Services Service provided before the effective date of termination.
(h) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) or resulted from the refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution of the Incident.
(i) . In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service in that year.
(j) In no event will the total credits due for any unachieved Service Level in any month Month exceed 100% of the aggregate monthly recurring Qualifying Charges for the Service at the affected Location(s) in that month.
Month. The Service Level for Orange Service Delivery is only applicable if the Service implementation fee is being charged to and is paid by Customer. Unless otherwise specified, the measurement period for all Service Levels commences on the first day of the Month and ends on the last day of the Month. Service Levels for Site Availability will be measured from the first full Month following the Date of Acceptance of the Service at the relevant Location. With respect to Site Availability Service Level, for any Location that (ka) is outside of the area of Normal Service (as defined in Clause 1.5) and (b) has only a single CPE installed, Outages caused by a CPE failure are excluded from the calculation of total Outages. The diversity of Tail Circuits in Dual solutions must be confirmed by TO. In no event will Customer be entitled to receive any credits or other remedies for non-achievement of any Service Level if such non-achievement was caused by, and Service Levels expressly exclude any time attributable to, by a Force Majeure Eventevent, Scheduled Maintenance, Third Party Intervention, Intervention or environmental conditions, WAN failurepower outages, LAN failurefailures to TO exchanges, Trunk failure, DHCP failure, Active Directory failure or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment physical disruption to Tail Circuits not managed caused by Orange as part of the Business Together – Managed Unified Communications Services, power failure, any service provided by a third partyor TOs, or by any act or omission of Customer, User, or an agent of Customer or User, or of any Customer-authorized user of the Business Together – Managed Unified Communications ServiceNetwork.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Service Levels are measured on a quarterly or annual basis, as Notwithstanding anything to the contrary set forth below.in this SLA, this SLA and Customer’s entitlement to the remedies set out in this SLA are subject to the following conditions and exclusions:
(a) Service Levels will apply from the first full month following the Effective Date for the Service.
(b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(d) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet provide UES Services in a manner which satisfies the Service Levels under set out in this SLA. Orange does not guarantee any Service Level Levels on the platform during the development or application test period. Also, during the periodic routine, non-routine, or emergency maintenance of the Service, provided in a proper, non-negligent manner and in accordance with standard industry practices will not be deemed to be a failure of Orange to provide Services in accordance with the Agreement, or the breach of any Service Level.
(eb) Customer must submit claims for credits for unachieved Service Levels in writing Levels, using the credits request form (which can be obtained by Orange) to Orange within 60 20 days following from the end alleged Service Level breach occurring. Customer must provide all the details of the Measurement Period in which Customer alleges that Incident relating to the alleged Service Level was not achievedbreach in the request form (including the date and start/end times of the Incident, any system logs and any other relevant information) provided that only Incidents which are recorded by a trouble ticket by Orange will be eligible for a claim for such credits. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange. Orange will issue all undisputed credits in the next practicable invoicing cycle.
(f) Customer must exercise any right to terminate the Services provided under this SLA within 60 days of the breach giving rise to Customer’s right to terminate at the affected Locations. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services within the 60-day period, then Customer’s right to terminate such Services in connection with such breach will lapse.
(g) Any termination of the Service due to the failure by Orange to meet any Service Level under this SLA will be without financial liability to Customer, other than Customer’s liability to pay for the Business Together - Unified Communications Services before the effective date of termination.
(hc) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from from: suspension of the Service; any attempt by the Customer to exceed the resources allocated to the Customer under a service feature; any modification to the Service without the written consent of Orange; act or omission of the Customer or a User that causes unauthorized access to the Service; act or omission of a third party software licensor or a third party service provider; a failure of network or other telecommunications services or any Customer equipment (including Customer provided end points) being provided by a third party (other than a Subcontractoran Orange subcontractor) or resulted from the refusal of any third party (other than a Subcontractoran Orange subcontractor) to cooperate with Orange in resolving an Incident; causes not attributable to Orange; unavailability of Customer or User for Incident diagnosis and resolution attempt, the downtime duration will be frozen until Orange (or its representative) can make contact with the Customer in order to resolve the identified incident, This also applies to cases in which the Customer denies access to the Site to Orange (or his representative) to restore it; implementation by Orange of changes to the IncidentService requested by Customer; and any service feature(s) which are in beta (development) mode.
(i) In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service in that year.
(jd) In no event will the total credits due for any unachieved Service Level billed in any that month exceed 100% of the aggregate monthly recurring Charges amount of the MRC for the Service at the affected Location(s) in that monthUES Service.
(ke) In no event Customer will Customer not be entitled to receive credits or other remedies for non-achievement of any Service Level if to the extent that such non-achievement was caused by, and the relevant Service Levels Level expressly exclude any time attributable to, : a Force Majeure Event, Scheduled Maintenance, Third Party Intervention, environmental conditions, WAN failure, LAN failure, Trunk failure, DHCP failure, Active Directory failure or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment not managed and maintained by Orange as part of the Business Together – Managed Unified Communications UES Services, power failure, any service provided by a third party, or by any act or omission of Customer, User, or an agent of Customer or User, or of any Customer-authorized user .
(f) Service Levels for the Service will apply from the first full calendar month following commencement of the Business Together – Managed Unified Communications Service.
(g) Failure to comply with the Service Level by Orange will not relieve Customer from its obligation to pay the Charges.
(h) In case of dispute regarding the non-achievement of a Service Level, Orange records and information will prevail.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Notwithstanding anything to the contrary in this SLA, this SLA and Customer’s entitlement to the remedies set out in this SLA are subject to the following conditions and exclusions:
(a) Service Levels are measured on a quarterly Monthly, quarterly, or annual basis, as set forth below.
(ab) Service Levels will apply from the start of the first full month Month following the Effective Date for the Serviceof Acceptance.
(bc) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(cd) All Notwithstanding anything to the contrary contained herein, all Service Levels are measured at the overall contract levelObjectives (SLOs) provided by Orange shall be deemed objective service level guides only; and Customer shall not be entitled to any remedies, not at an individual Locationfinancial or otherwise, country or regional level, unless otherwise specifiedassociated with any non-achievement by Orange of such SLOs.
(de) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet provide the Service Levels under this Service Level Agreement.
(e) Service. Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Measurement Period in which Customer alleges that the Service Level was not achieved. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange.
(f) Customer must exercise any right to terminate the Services Service provided under this SLA within 60 days of the breach giving rise to Customer’s right to terminate at the affected Locations. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services Service within the 60-day period, then Customer’s right to terminate such Services in connection with such breach will lapse.
(g) Any termination of the Service by Customer due to the Orange’s failure by Orange to meet any Service Level under this SLA will be without financial liability to Customer, other than Customer’s liability to pay for the Business Together - Unified Communications Services Cisco Service before the effective date of termination.
(h) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) or resulted from the refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution of the Incident.
(i) In no event will the total credits due for any unachieved Service Level in any Month exceed 100% of the aggregate Monthly recurring Qualifying Charges for the Business Together Cisco Service at the affected Location(s) in that Month.
(j) In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Qualifying Charges for the Service in that year.
(j) In no event will the total credits due for any unachieved Service Level in any month exceed 100% of the aggregate monthly recurring Charges for the Service at the affected Location(s) in that month.
(k) In no event will Customer be entitled to receive credits or other remedies for non-achievement of any Service Level if such non-achievement was caused by, and Service Levels expressly exclude any time attributable to, a Force Majeure Event, Scheduled Maintenance, Third Party Intervention, environmental conditions, WAN failure, LAN failure, Trunk failure, DHCP failure, Active Directory failure failure, or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®the vendor, PC multimedia failure, any IPT network component or equipment not managed by Orange as part of the Business Together – Managed Unified Communications ServicesService, power failure, any service provided by a third party, or by any act or omission of Customer, User, or an agent of Customer or User, or of any Customer-authorized user of the Business Together – Managed Unified Communications Service.
(l) Orange’s failure to comply with the Service Level will not relieve Customer from its obligation to pay the Charges.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Service Levels This SLA and Customer’s entitlement to the remedies set out herein are measured on a quarterly or annual basis, as set forth below.subject to the following conditions and exclusions:
(a) Service Levels will apply from the first full month following the Effective Date for the Service.
(b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(d) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet the Service Levels under this Service Level Agreement. Notwithstanding anything to the contrary contained herein or in the Agreement, the Service Levels for Standard Shared Satellite Service and Back-Up Satellite Service will be deemed performance level targets ("SLOs" or "Service Level Objectives") only and for which there are no remedies, financial or otherwise, associated with non-achievement of the SLOs.
(eb) The Orange Scheduled Maintenance or emergency maintenance of the Business VPN Satellite Service – Maritime Shared, if provided in a proper, non-negligent manner and in accordance with standard industry practices, will not be deemed to be a failure by Orange to provide the Business VPN Satellite Service – Maritime Shared in accordance with the Agreement.
(c) Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Measurement Period Month in which Customer alleges that the Service Level was not achieved. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange. Orange will issue all undisputed credits within 90 days of Customer’s written claim.
(fd) Customer must exercise any right to terminate the Services Business VPN Satellite Service – Maritime Shared provided under this SLA document within 60 days of the breach giving that gave rise to Customer’s right to terminate the Business VPN Satellite Service – Maritime Shared at the affected LocationsVessels. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services VPN Satellite Service – Maritime Shared within the 60-day period, then Customer’s right to terminate such Services the Business VPN Satellite Service – Maritime Shared in connection with such breach will lapse.
(ge) Any termination of the Business VPN Satellite Service – Maritime Shared by Customer due to the failure by Orange to meet any Service Level under this SLA will be is without financial liability to Customer, other than Customer’s liability to pay for the Business Together - Unified Communications Services VPN Satellite Service – Maritime Shared provided before the effective date of termination.
(h) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) or resulted from the refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution of the Incident.
(if) In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service in that year.
(j) In no event will the total credits due for any unachieved Service Level in any month Month exceed 100% of the aggregate monthly recurring Qualifying Charges for the affected Location in that Month.
(g) The Service Level for Service Delivery described in Clause 1.5 (Service Level for Orange Service Delivery) is only applicable if Orange does not waive, and if Customer pays, the Charges for installation of the Business VPN Satellite Service – Maritime Shared at the affected Location(srelevant Location.
(h) in that monthUnless otherwise specified, the measurement period for all Service Levels commences on the first day of the Month and ends on the last day of the Month.
(i) Service Levels for Site Availability and Round Trip Delay will be measured from the first full Month following the Date of Acceptance of the Business VPN Satellite Service – Maritime Shared at the relevant Location.
(j) With respect to the Site Availability Service Level, Outages caused by a CE Router or Satellite Equipment failure outside of Normal Service Conditions are excluded from the calculation of the total Outage, unless Customer agrees to pay the Expenses for a field engineer to travel to the Location. The Site Availability Service Level will apply to Locations situated further than 50km from an Orange service center. Customer must install appropriate monitoring software on its CE Router.
(k) Customer must have remote management access (RMA), a back-up service solution through which Orange may remotely access Customer’s network, and an uninterruptible power supply (UPS) for the Service Levels to apply.
(l) The Service Level for Site Availability applies only if Satellite Spare Parts are available at the Location. Customer will be responsible for ordering the Satellite Spare Parts and for provisioning the Satellite Spare Parts to Orange in the event of an Incident. The Site Availability Service Level also applies when a regional sparing policy for Customer Locations has been mutually agreed with Orange.
(m) In no event will Customer be entitled to receive credits or other remedies for non-achievement of any Service Level if such non-non- achievement was caused by, and Service Levels expressly exclude any time attributable to, a Force Majeure Event, Scheduled Maintenancethe exclusions specified in Exhibit B (Satellite Specific Outages), Third Party Intervention, environmental conditionsScheduled Maintenance, WAN failure, LAN failure, Trunk failure, DHCP failure, Active Directory failure or corruption outside physical disruption to the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment satellite connections not managed caused by Orange as part or the satellite access providers, failure of the Business Together – Managed Unified Communications Servicessatellite, power failure, any service provided improper installation of the Satellite Equipment by a third partyCustomer, or by any act or omission of Customer, User, or an agent of Customer or User, or of any Customer-authorized user of the Business Together – Managed Unified Communications Orange Network, including any unauthorized changes to the Orange Network, any changes in the internal routing or protocols in Customer’s network, or failure or disconnection of Customer’s equipment. The following Service Levels for Site Availability are applicable to the specific Locations set out in Table 1. Table 2 lists a series of causes for Outages with an indication of responsibility and whether the Outage should be included in the calculation of the Service Level for Site Availability. 1 Breakdown of Satellite Service CPE of the Location. Yes Yes 2 Breakdown or peaks of the power supply at a Location (note 1). No No 3 Breakdown of equipment of the Gateway - Hub Location. Yes Yes 4 Breakdown of the power supply at the Gateway - Hub Location. Yes Yes 5 Agreed maintenance and testing works by Orange (note 2). Yes No 6 Interruption of the availability of space segment (note 3). Yes No 7 Interference from other systems and/or transmissions (note 4). No No 8 Rainfall Outages (note 5). No Yes 9 Short time Outages < 10 min. caused by weather (note 6). No Yes 10 Outages due to severe weather conditions (note 7). No No 11 Sun Outages (note 8). No No 12 Satellite breakdown (note 9). Xx Xx 00 Xxxxx Xxxxxxx. No No 14 Switching Outages (note 10) Yes Yes 15 Vessel located outside of the Satellite Subscribed Footprint. No No Notes:
1. Customer is responsible for the power supply on its premises.
2. Outages due to scheduled maintenance or reasons for which Customer is responsible will not be included in the calculation of Site Availability.
3. Satellite operators have the right to interrupt the availability of the space segment for troubleshooting purposes in case of serious danger to the satellite.
4. This concerns electromagnetic interference from signals and transmissions from other satellite systems, VSATs and maritime transmitters and radio links. It also concerns obstacles constructed or installed between the remote Satellite Equipment and the line of sight to the satellite. Orange is not responsible for such interruptions, but will help Customer to rectify the situation and re-establish the Service. All costs incurred by Orange in addressing issues related to interference will be charged to Customer.
5. For all Locations connected by C-band (4/6 GHz), Outages caused by rainfall are lower than 0.01% and by Ku- band; Outages caused by rainfall are lower than 0.1% of the Committed Time Interval (CTI) for the Site Availability.
6. Short time Outages of <10 min. caused by weather (e.g. heavy rains, wind, and lightning) are not taken into consideration for the Site Availability calculation; whether there is a single or multiple such interruptions during any given day.
7. Severe weather conditions (including snow, ice, etc.) - For Locations in areas that are subject to particularly severe weather conditions, specific equipment design (de-icing, etc.) should be considered to avoid Outages.
8. Depending on the geographical position of the Locations, there may be Outages resulting from the sun’s position in spring and autumn each year. The duration of each sun outage is 5 to 8 minutes over a five (5) day period. During a sun Outage, the quality of the receiving channel at the Location can cause an interruption of the network connection. The maximum loss of Site Availability by sun Outage is 0.015% per year. At Customer’s option and for an additional Charge, Orange will inform Customer of the anticipated dates/times of a sun Outage period approximately one (1) week before such period occurs.
9. Satellite breakdown is a Force Majeure Event. Nevertheless, Orange will use commercially reasonable efforts to switch the network to a reserve satellite.
10. Switching outages occur while a sea-going vessel is in transit and transferring from one satellite coverage area to another. The types of switching outages are beam-to-beam and teleport-to-teleport. The maximum permitted Outage for beam-to-beam is five (5) minutes. The maximum permitted Outage for teleport to teleport is thirty
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Service Levels are measured on a quarterly or annual basis, as Notwithstanding anything to the contrary set forth below.in this SLA, this SLA and Customer’s entitlement to the remedies set out in this SLA are subject to the following conditions and exclusions:
(a) The Service Levels will apply from and the first full month following RTD KPI Targets expressly set out in this SLA are the Effective Date sole and exclusive performance indicators for the Architecture of the Service that is ordered by Customer, and they only apply to the Overlay Network within the scope of the Service. For clarity, the Service Levels and the RTD KPI Targets do not apply to any Underlay Connectivity (whether provided by Customer or Orange), or to any hardware, software or service that is not part of the Overlay Network (whether provided by Customer, Orange or a third party).
(b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(d) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet the Service Levels under this SLA. Customer will not be entitled to any remedies set out in this SLA, and the Service Levels will not apply, if Customer does not purchase Customer Care Services as described in the Service Description for Orange Flexible SD-WAN with Cisco Service and all of the Service Management Options in respect to the Service. If Customer does not purchase the Service Management Options, then all Service Levels will automatically convert into, and will be treated as SLOs, and all remedies (financial or otherwise) associated with non-achievement of any Service Level will be null and void.
(c) Orange's Scheduled Maintenance or emergency maintenance of the Service or the Network, if provided in a proper, non-negligent manner and in accordance with standard industry practices, will not be deemed to be a failure by Orange to provide the Service in accordance with the Agreement.
(ed) Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Measurement Period Month in which Customer alleges that the alleged Service Level was not achievedfailure occurred. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, credit (if any, ) from reports generated by OrangeOrange and will issue all undisputed credits within 90 days from the date of its receipt of Customer’s written claim.
(fe) Customer must exercise any Service termination right to terminate the Services provided under specified in this SLA within 60 days from the date of the breach giving Service Level failure that gave rise to Customer’s right to terminate at the affected Locationssuch termination right. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services Service within the 60-day period, then Customer’s such termination right to terminate such Services in connection with such breach will lapse.
(gf) Any termination The exercise by Customer of the Service due to the failure by Orange to meet any Service Level termination right under this SLA will be without financial liability to Customer, other than Customer’s liability except that Customer will be liable to pay Orange for the Business Together - Unified Communications Services before Service provided up to the effective date that the Service is actually disconnected by Orange.
(g) The cumulative and total Service Level credit that Customer will be entitled to receive per Location per Month for non-achievement of terminationany and all Service Levels applicable to the Location during such Month will not exceed 100% of such Month’s Monthly Recurring Charges for the affected Location.
(h) The All Service Levels or SLOs will begin on the first full Month following the Date of Acceptance of the Service at the Location. Unless otherwise expressly stated in this SLA SLA, the measurement period for all Service Levels (or SLOs, as the case may be) will not apply to start on the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) or resulted from the refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution first day of the IncidentMonth and will end on the last day of the Month.
(i) In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service in that year.
(j) In no event will the total credits due for any unachieved Service Level in any month exceed 100% of the aggregate monthly recurring Charges for the Service at the affected Location(s) in that month.
(k) In no event will Customer be entitled to receive any credits or other remedies for non-achievement of any Service Level if such non-achievement was caused by, and Service Levels expressly exclude any time attributable to, by a Force Majeure Event, Scheduled Maintenance, Third Party Intervention, environmental conditionscondition failure (e.g. air conditioning failure in the equipment room where the Edge Router is installed), WAN failurepower outages, LAN failure, Trunk failure, DHCP failure, Active Directory failure or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment disruption to Access Circuits not managed caused by Orange as part of the Business Together – Managed Unified Communications Services, power failure, any service provided by a third partyor Access Providers, or by any act or omission of CustomerCustomer or any User.
(j) The Service Levels and the RTD KPI Targets do not apply if the Underlay Connectivity for the Service uses satellite, Userdial, GPRS, micro-wave, wireless, or an agent of Customer non-wired Access Circuit.
(k) No separate or Useradditional Service Level (or SLOs, as the case may be) will apply for IPv6 traffic or of any Customer-authorized user of the Business Together – Managed Unified Communications Servicerelated Incidents.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Service Levels are measured on a quarterly or annual basis, as Notwithstanding anything to the contrary set forth below.in this SLA, this SLA and Customer’s entitlement to the remedies set out in this SLA are subject to the following conditions and exclusions:
(a) Service Levels will apply from the first full month following the Effective Date for the Service.
(b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(d) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet the Service Levels under this Service Level Agreement. Customer will not be entitled to any remedies set out in this SLA unless, and the Service Levels will apply only if, Customer receives support for the Service from an Orange Customer Service Manager ("CSM"), which will be subject to separate terms and conditions and charges. Notwithstanding anything to the contrary contained herein, if Customer does not receive support from an Orange CSM for the Service, all Service Levels will be deemed performance level targets ("SLOs" or "Service Level Objectives") only and for which there are no remedies, financial or otherwise, associated with non-achievement of the SLOs.
(eb) The Orange Scheduled Maintenance or emergency maintenance of the Service, if provided in a proper, non-negligent manner and in accordance with standard industry practices, will not be deemed to be a failure by Orange to provide the Service in accordance with the Agreement.
(c) Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Measurement Period month in which Customer alleges that the Service Level was not achievedalleged SLA breach occurred. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange. Orange will issue all undisputed credits within 90 days of Customer’s written claim.
(d) Unless otherwise specified, the measurement period for all Service Levels (or SLOs, as described in Clause A1.6(a) above) commences on the first day of the calendar month and ends on the last day of the calendar month.
(e) Service Levels (or SLOs, as described in Clause A1.6(a) above) will be measured from the first full month following the Date of Acceptance of the Service at the relevant Location.
(f) Customer must exercise any right to terminate the Services provided under this SLA within 60 days of the breach giving rise to Customer’s right to terminate at the affected Locations. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services within the 60-day period, then Customer’s right to terminate such Services in connection with such breach will lapse.
(g) Any termination of the Service due to the failure by Orange to meet any Service Level under this SLA will be without financial liability to Customer, other than Customer’s liability to pay for the Business Together - Unified Communications Services before the effective date of termination.
(h) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) or resulted from the refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution of the Incident.
(i) In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service in that year.
(j) In no event will the total credits due for any unachieved Service Level in any month exceed 100% of the aggregate monthly recurring Charges for the Service at the affected Location(s) in that month.
(k) In no event will Customer be entitled to receive any credits or other remedies for non-non- achievement of any Service Level if such non-achievement was caused by, and Service Levels expressly exclude any time attributable to, a Force Majeure Event, Scheduled Maintenance, Third Party Intervention, environmental conditions, WAN failure, LAN failure, Trunk failure, DHCP failure, Active Directory failure or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failurepower outages, any network component or equipment not managed by Orange as part of the Business Together – Managed Unified Communications Services, power failure, any service provided by Customer or a third party, or by any other act or omission of Customer, User, or an agent of Customer or User, or of any Customer-authorized user of the Business Together – Managed Unified Communications Service.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Service Levels are measured on This SLA and a quarterly or annual basis, as User Site’s entitlement to the remedies set forth below.
(a) Service Levels will apply from the first full month following the Effective Date for the Service.
(b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(d) The remedies contained out in this SLA are Customer’s sole subject to the following conditions and exclusive remedies for any exclusions:
10.1 Downtime due to Equant's Scheduled Maintenance of the IP VPN Service, if provided in a proper, non-negligent manner and in accordance with standard industry practices, will not be deemed to be a failure by Orange Equant to meet provide the IP VPN Service Levels under this in accordance with the Agreement or the breach of any Service Level AgreementLevel.
(e) Customer 10.2 User Sites or ECMWF must submit claims for credits Service Rebates for unachieved Service Levels in writing to Orange Equant within 60 days following the end of the Measurement Period Month in which Customer alleges that the Service Level was not achievedalleged SLA breach occurred. Within 30 days following receipt of the claim, Orange Equant will confirm in writing to Customer the User Site the amount of the creditService Rebate, if any, from reports generated by OrangeEquant. Equant will issue all undisputed Service Rebates within 90 days of a User Site’s written claim.
(f) Customer must exercise any right 10.3 Equant, ECMWF and AP’s will make reasonable endeavours to terminate the Services provided under this SLA within 60 days of the breach giving rise resolve disputed Service Rebates, prior to Customer’s right resort to terminate at the affected Locations. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services within the 60-day period, then Customer’s right to terminate such Services in connection with such breach will lapseMediation and/or Arbitration.
(g) Any termination of the Service due to the failure by Orange to meet any Service Level under this SLA will be without financial liability to Customer, other than Customer’s liability to pay for the Business Together - Unified Communications Services before the effective date of termination.
(h) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) or resulted from the refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution of the Incident.
(i) 10.4 In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service in that year.
(j) In no event will the total credits Rebates due for any unachieved Service Level in any month Month exceed 100% of the aggregate monthly recurring Qualifying Charges for the affected User Sites in that Month.
10.5 Unless otherwise specified, the measurement period for all Service Levels commences on the first day of the Month and ends on the last day of the Month.
10.6 Service Levels for Site Availability, Round Trip Delay, and Packet Loss Ratio will be measured from the first full Month following the Date of Acceptance of the IP VPN Service at the affected Location(s) in that monthrelevant User Site, or the Date of Acceptance of the Network, whichever is the later.
(k) In 10.7 For the avoidance of doubt, in no event will Customer ECMWF or Acceeding Parties be entitled to receive credits any Service Rebates or other remedies for non-achievement of any Service Level if such non-achievement was caused by, by and Service Levels expressly exclude any time attributable to, a Force Majeure Event, Scheduled Maintenanceevent, Third Party Intervention, Intervention or environmental conditions, WAN failurepower outages (other than those affecting Equant or TOs unless due to a Force Majeure event), LAN failure, Trunk failure, DHCP failure, Active Directory failure physical disruption to Access Lines not caused by Equant or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment not managed by Orange as part of the Business Together – Managed Unified Communications Services, power failure, any service provided by a third partyTOs, or by any act or omission of Customer, User, ECMWF or an agent of Customer or User, or of any CustomerECMWF-authorized authorised user of the Business Together – Managed Unified Communications IP VPN Service.
Appears in 1 contract
Samples: Supplement to Contract
Conditions and Exclusions. This SLA and Customer’s entitlement to the remedies set out in this SLA are subject to the following conditions and exclusions:
(a) Service Levels are measured on a quarterly monthly, quarterly, or annual basis, as set forth below.
(ab) Service Levels will apply from the first full month following the Effective Date for the Service.
(b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLAAcceptance.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(d) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet provide the Business Together - Cisco Services in accordance with the Service Levels under Description for Orange Business Together - Cisco Services for Cisco Equipment and this Service Level AgreementSLA.
(e) Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Measurement Period measurement period in which Customer alleges that the Service Level was not achieved. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange.
(f) Customer must exercise any right to terminate the Business Together - Cisco Services provided under this SLA within 60 days of the breach giving rise to Customer’s right to terminate at the affected Locations. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Cisco Services within the 60-day period, then Customer’s right to terminate such Services in connection with such breach will lapse.
(g) Any termination of the Service Business Together - Cisco Services by Customer due to the failure by Orange to meet any Service Level under this SLA will be without financial liability to Customer, other than Customer’s liability to pay for the Business Together - Unified Communications Cisco Services before the effective date of termination.
(h) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) or resulted from the refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution of the Incident.
(i) In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service in that year.
(j) In no event will the total credits due for any unachieved Service Level in any month exceed 100% of the aggregate monthly recurring Charges for the Service Business Together - Cisco Services at the affected Location(s) in that month.
(kj) In no event will Customer be entitled to receive credits or other remedies for non-achievement of any Service Level if such non-achievement was caused by, and Service Levels expressly exclude any time attributable to, a Force Majeure Event, Scheduled Maintenance, Third Party Intervention, environmental conditions, WAN failure, LAN failure, Trunk failure, DHCP failure, Active Directory failure or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any IPT network component or equipment not managed by Orange as part of the Business Together – Managed Unified Communications Services- Cisco Service, power failure, any service provided by a third party, or by any act or omission of Customer, User, or an agent of Customer or User, or of any Customer-Customer- authorized user of the Business Together – Managed Unified Communications Service- Cisco Services.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Service Levels are measured on a quarterly or annual basis, as set forth below.
(a) Service Levels will apply from This SLA is subject to the first full month following the Effective Date for the Service.
(b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(d) conditions and exclusions: ▪ The remedies contained in this SLA are Customer’s sole and exclusive remedies remedy for any failure by Orange to meet provide the Service Levels under this in accordance with the Agreement. ▪ Periodic routine, non-routine, or emergency maintenance of the Service Level by Orange, if provided in a proper, non-negligent manner and in accordance with standard industry practices, will not be deemed to be a failure by Orange to provide the Service in accordance with the Agreement.
(e) Customer . ▪ Orange must submit receive all claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Measurement Period Month in which Customer alleges that the a Service Level was not achieved. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange.
(f) Customer must exercise any right to terminate the Services provided under this SLA . Orange will issue all applicable credits within 60 90 days of the breach giving rise to after Customer’s right to terminate at the affected Locationswritten claim. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services within the 60-day period, then Customer’s right to terminate such Services in connection with such breach will lapse.
(g) Any termination of the Service due to the failure by Orange to meet any Service Level under this SLA will be without financial liability to Customer, other than Customer’s liability to pay for the Business Together - Unified Communications Services before the effective date of termination.
(h) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) or resulted from the refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution of the Incident.
(i) ▪ In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service in that year.
(j) In no event will the total credits due for any unachieved Service Level in any month Month exceed 100% of the aggregate monthly recurring Qualifying Charges for the Service at the affected Location(s) in that month.
(k) Month. ▪ The Service Level for Orange Service Delivery is only applicable if the Service implementation fee paid by Customer. ▪ Unless otherwise specified, the measurement period for all Service Levels commences on the first day of the Month and ends on the last day of the Month. ▪ Service Levels for Round Trip Delay and Packet Loss Ratio will be measured from the first full Month following the Date of Acceptance of the Service at the relevant Location. ▪ With respect to Service Levels for Round Trip Delay and Packet Loss Ratio, the remedies shall only apply where the Customer has IP Bandwidth Access equal or higher than 56 kbps. ▪ In no event will Customer be entitled to receive any credits or other remedies for non-non- achievement of any Service Level if such non-achievement was caused by, and Service Levels expressly exclude any time attributable to, by a Force Majeure Eventevent, Scheduled Maintenance, Third Party Intervention, Intervention or environmental conditions, WAN failurepower outages, LAN failurefailures to TO exchanges, Trunk failure, DHCP failure, Active Directory failure or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment physical disruption to Tail Circuits not managed caused by Orange as part of the Business Together – Managed Unified Communications Services, power failure, any service provided by a third partyor TOs, or by any act or omission of Customer, User, or an agent of Customer or User, or of any Customer-authorized user of the Business Together – Managed Unified Communications ServiceNetwork.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Service Levels are measured on a quarterly or annual basis, as Notwithstanding anything to the contrary set forth below.in this SLA, this SLA and Customer’s entitlement to the remedies set out in this SLA are subject to the following conditions and exclusions:
(a) Service Levels will apply from the first full month following the Effective Date for the Service.
(b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(d) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet provide Flexible Engine Services in a manner which satisfies the Service Levels under set out in this SLA. The periodic routine, non-routine, or emergency maintenance of the Service, provided in a proper, non-negligent manner and in accordance with standard industry practices will not be deemed to be a failure of Orange to provide Services in accordance with the Agreement, or the breach of any Service Level AgreementLevel.
(eb) Customer must submit claims for credits for unachieved Service Levels in writing Levels, using the credits request form (which can be obtained by Orange) to Orange within 60 30 days following the end of the Measurement Period Month in which Customer alleges that the alleged Service Level was not achievedbreach occurred. Customer must provide all the details of the Incident relating to the alleged Service Level breach in the request form (including the date and start/end times of the Incident, any system logs and any other relevant information) provided that only Incidents which are recorded by a trouble ticket by Orange will be eligible for a claim for such credits. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange. Orange will issue all undisputed credits in the next practicable invoicing cycle.
(f) Customer must exercise any right to terminate the Services provided under this SLA within 60 days of the breach giving rise to Customer’s right to terminate at the affected Locations. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services within the 60-day period, then Customer’s right to terminate such Services in connection with such breach will lapse.
(g) Any termination of the Service due to the failure by Orange to meet any Service Level under this SLA will be without financial liability to Customer, other than Customer’s liability to pay for the Business Together - Unified Communications Services before the effective date of termination.
(hc) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from from: suspension of the Service; any attempt by the Customer to exceed the resources allocated to the Customer under a service feature; any modification to the Service without the written consent of Orange; act or omission of the Customer or a User that causes unauthorized access to the Service; act or omission of a third party software licensor or a third party service provider; a failure of network or other telecommunications services or any equipment (including Customer provided end points) being provided by a third party (other than a Subcontractoran Orange subcontractor) or resulted from the refusal of any third party (other than a Subcontractoran Orange subcontractor) to cooperate with Orange in resolving an Incident; causes not attributable to Orange; unavailability of Customer or User for Incident diagnosis and resolution attempt; implementation by Orange of changes to the IncidentService requested by Customer; and any service feature(s) which are in beta (development) mode.
(i) In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service in that year.
(jd) In no event will the total credits due for any unachieved Service Level in any calendar month exceed 10025% of the aggregate monthly recurring Qualifying Charges for the Service at the affected Location(s) in that monthLocation.
(ke) In no event Customer will Customer not be entitled to receive credits or other remedies for non-achievement of any Service Level if to the extent that such non-achievement was caused by, and the relevant Service Levels Level expressly exclude any time attributable to, : a Force Majeure Event, Scheduled Maintenance, Third Party Intervention, environmental conditions, WAN failure, LAN failure, Trunk failure, DHCP failure, Active Directory failure or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment not managed and maintained by Orange as part of the Business Together – Managed Unified Communications Flexible Engine Services, power failure, any service provided by a third party, or by any act or omission of Customer, User, or an agent of Customer or User, or of any Customer-authorized user .
(f) Service Levels for the Service will apply from the first full calendar month following commencement of the Business Together – Managed Unified Communications Service.
(g) Failure to comply with the Service Level by Orange will not relieve Customer from its obligation to pay the Charges.
(h) In case of dispute regarding the non-achievement of a Service Level, Orange records and information will prevail.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Service Levels are measured on a quarterly or annual basis, as Notwithstanding anything to the contrary set forth below.in this SLA, this SLA and Customer’s entitlement to the remedies set out in this SLA are subject to the following conditions and exclusions:
(a) Service Levels will apply from the first full month following the Effective Date for the Service.
(b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(d) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet provide Flexible Engine Services in a manner which satisfies the Service Levels under set out in this SLA. Orange's periodic routine, non-routine, or emergency maintenance of the Service, provided in a proper, non-negligent manner and in accordance with standard industry practices will not be deemed to be a failure of Orange to provide Services in accordance with the Agreement, or the breach of any Service Level AgreementLevel.
(eb) Customer must submit claims for credits for unachieved Service Levels in writing Levels, using the credits request form (which can be obtained by Orange), to Orange within 60 30 days following the end of the Measurement Period Month in which Customer alleges that the alleged Service Level was not achievedbreach occurred. Customer must provide all the details of the Incident relating to the alleged Service Level breach in the request form (including the date and start/end times of the Incident, any system logs and any other relevant information) provided that only Incidents which are recorded by a trouble ticket by Orange will be eligible for a claim for such credits. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange. Orange will issue all undisputed credits in the next practicable invoicing cycle.
(f) Customer must exercise any right to terminate the Services provided under this SLA within 60 days of the breach giving rise to Customer’s right to terminate at the affected Locations. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services within the 60-day period, then Customer’s right to terminate such Services in connection with such breach will lapse.
(g) Any termination of the Service due to the failure by Orange to meet any Service Level under this SLA will be without financial liability to Customer, other than Customer’s liability to pay for the Business Together - Unified Communications Services before the effective date of termination.
(hc) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from from: suspension of the Service; any attempt by the Customer to exceed the resources allocated to the Customer under a service feature; any modification to the Service without the written consent of Orange; act or omission of the Customer or a User that causes unauthorized access to the Service; act or omission of a third party software licensor or a third party service provider; a failure of network or other telecommunications services or any equipment (including Customer provided end points) being provided by a third party (other than a Subcontractoran Orange subcontractor) or resulted from the refusal of any third party (other than a Subcontractoran Orange subcontractor) to cooperate with Orange in resolving an Incident; causes not attributable to Orange; unavailability of Customer or User for Incident diagnosis and resolution attempt; implementation by Orange of changes to the IncidentService requested by Customer; and any service feature(s) which are in beta (development) mode.
(i) In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service in that year.
(jd) In no event will the total credits due for any unachieved Service Level in any calendar month exceed 10025% of the aggregate monthly recurring Qualifying Charges for the Service at the affected Location(s) in that monthLocation.
(ke) In no event Customer will Customer not be entitled to receive credits or other remedies for non-achievement of any Service Level if to the extent that such non-achievement was caused by, and the relevant Service Levels Level expressly exclude any time attributable to, : a Force Majeure Event, Scheduled Maintenance, Third Party Intervention, environmental conditions, WAN failure, LAN failure, Trunk failure, DHCP failure, Active Directory failure or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment not managed and maintained by Orange as part of the Business Together – Managed Unified Communications Flexible Engine Services, power failure, any service provided by a third party, or by any act or omission of Customer, User, or an agent of Customer or User, or of any Customer-authorized user .
(f) Service Levels for the Service will apply from the first full calendar month following commencement of the Business Together – Managed Unified Communications Service.
(g) Orange’s failure to comply with the Service Level will not relieve Customer from its obligation to pay the Charges.
(h) In case of dispute regarding the non-achievement of a Service Level, Orange’s records and information will prevail.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Service Levels are measured on a quarterly or annual basis, as Notwithstanding anything to the contrary set forth below.in this SLA, this SLA and Customer's entitlement to the remedies set out in this SLA are subject to the following conditions and exclusions:
(a) Service Levels will apply from the first full month following the Effective Date for the Service.
(b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(d) The remedies contained in this SLA are Customer’s 's sole and exclusive remedies for any failure by Orange to meet provide the Managed Applications Service in a manner which satisfies the Service Levels under set out in this Service Level AgreementSLA.
(eb) Customer must submit claims for credits for unachieved Service Levels in writing Levels, using the credits request form (which can be obtained by Orange); to Orange within 60 30 days following the end of the Measurement Period Month in which Customer alleges that the alleged Service Level was not achievedbreach occurred. Customer must provide all the details of the Incident relating to the alleged Service Level breach in the request form (including the date and start/end times of the Incident, any system logs and any other relevant information) provided that only Incidents which are recorded by a trouble ticket by Orange will be eligible for a claim for such credits. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange. Orange will issue all undisputed credits in the next practicable invoicing cycle.
(f) Customer must exercise any right to terminate the Services provided under this SLA within 60 days of the breach giving rise to Customer’s right to terminate at the affected Locations. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services within the 60-day period, then Customer’s right to terminate such Services in connection with such breach will lapse.
(g) Any termination of the Service due to the failure by Orange to meet any Service Level under this SLA will be without financial liability to Customer, other than Customer’s liability to pay for the Business Together - Unified Communications Services before the effective date of termination.
(hc) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from from: suspension of the Service; any attempt by the Customer to exceed the resources allocated to the Customer under a service feature; any modification to the Service without the written consent of Orange; act or omission of the Customer or a User that causes unauthorized access to the Service; act or omission of a third party software licensor or a third party service provider; a failure of network or other telecommunications services or any equipment (including Customer provided end points) being provided by a third party (other than a Subcontractoran Orange subcontractor) or resulted from the refusal of any third party (other than a Subcontractoran Orange subcontractor) to cooperate with Orange in resolving an Incident; causes not attributable to Orange; unavailability of Customer or User for Incident diagnosis and resolution attempt; implementation by Orange of changes to the IncidentService requested by Customer; and any service feature(s) which are in beta (development) mode.
(i) In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service in that year.
(jd) In no event will the total credits due for any unachieved Service Level in any calendar month exceed 10020% of the aggregate monthly recurring Qualifying Charges for the Service at the affected Location(s) in that monthLocation.
(ke) In no event Customer will Customer not be entitled to receive credits or other remedies for non-achievement of any Service Level if to the extent that such non-achievement was caused by, and the relevant Service Levels Level expressly exclude any time attributable to, : a Force Majeure Event, Scheduled Maintenance, Third Party Intervention, environmental conditions, WAN failure, LAN failure, Trunk failure, DHCP failure, Active Directory failure or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment not managed and maintained by Orange as part of the Business Together – Managed Unified Communications ServicesApplications Service, power failure, any service provided by a third party, or by any act or omission of Customer, User, or an agent of Customer or User.
(f) Orange's (i) periodic routine, non-routine, or emergency maintenance of the Service and (ii) use or experimentation of the Service for the purpose of its testing by a sample of customers, will not be deemed to be a failure of Orange to provide Services in accordance with the Agreement, or the breach of any Customer-authorized user Service Level.
(g) Service Levels for the Service will apply from the first full calendar month following commencement of the Business Together – Managed Unified Communications Service.
(h) Orange's failure to comply with the Service Level will not relieve Customer from its obligation to pay the Charges.
(i) In case of dispute regarding the non-achievement of a Service Level, Orange's records and information will prevail.
(j) Notwithstanding anything to the contrary in the Service Level Agreement for Flexible Engine, if during a Month there is Incident under the Flexible Engine Service Level, and as a consequence of such Incident, Customer is entitled to receive a service credit under the Service Level Agreement for Flexible Engine, then Customer will only receive the greater of the service credits under the Service Level Agreement for Flexible Engine or under this Service Level Agreement, in connection with the same Incident.
(k) The Priority levels referred to in this SLA shall mean the following:
(i) Priority 1 (or P1) means the complete loss of the Service for multiple Users or an Incident has a critical impact on the Customer's activities;
(ii) Priority 2 (or P2) means the Service is deteriorated such that Users are able to access the Service but experience significant difficulties or suffer significant delays;
(iii) Priority 3 (or P3) means the Service is being provided with a delay and difficulties but the Customer's activities are not significantly impacted;
(iv) Priority 4 (or P4) means any Service issue which does not fall into the other priority levels and is not subject to any Service Levels.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Service Levels This SLA and Customer’s entitlement to the remedies set out in this SLA are measured on a quarterly or annual basis, as set forth below.subject to the following conditions and exclusions:
(a) Service Levels will apply from the first full month following the Effective Date for the Service.
(b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(d) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet provide the International Ethernet Link Service in accordance with the SLA and the Service Description for International Ethernet Link Service. Notwithstanding anything to the contrary contained herein, if Orange only provides Customer with Standard Service Delivery in connection with the International Ethernet Link Service (i.e. Customer did not order Extended Service Delivery), all Service Levels under this will be deemed performance level target ("SLOs" or "Service Level Objectives") only; there are no remedies, financial or otherwise, associated with non-achievement of the SLOs.
(b) The Orange Scheduled Maintenance or emergency maintenance of the International Ethernet Link Service, if provided in a proper, non-negligent manner and in accordance with standard industry practices, will not be deemed to be a failure by Orange to provide the International Ethernet Link Service in accordance with the Agreement.
(ec) Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Measurement Period Month in which Customer alleges that the Service Level was not achievedalleged SLA breach occurred. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange. Orange will issue all undisputed credits within 90 days of Customer’s written claim.
(fd) Customer must exercise any International Ethernet Link Service termination right to terminate the Services provided under this SLA within 60 days of the breach giving that gave rise to Customer’s right to terminate cancel the International Ethernet Link Service at the affected Locations. If Customer does not notify Orange in writing of its election to terminate cancel the Business Together - Unified Communications Services International Ethernet Link Service within the 60-day period, then Customer’s right to terminate such Services the International Ethernet Link Service in connection with such breach will shall lapse.
(ge) Any termination of the International Ethernet Link Service by Customer due to the failure by Orange to meet any Service Level under this SLA will be without financial liability to Customer, other than Customer’s liability to pay for the Business Together - Unified Communications Services International Ethernet Link Service provided before the effective date of termination.
(h) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) or resulted from the refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution of the Incident.
(if) In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service in that year.
(j) In no event will the total credits due for any unachieved Service Level in any month exceed 100% of the aggregate monthly recurring Qualifying Charges for the affected Locations in that month.
(g) Unless otherwise specified, the measurement period for all Service Levels (or SLOs) commences on the first day of the month and ends on the last day of the month.
(h) Service Levels (or SLOs) for Site Availability, Round Trip Delay, Frame Loss Ratio, GTTR and Jitter will be measured from the first full month following the Date of Acceptance of the International Ethernet Link Service at the affected Location(srelevant Location.
(i) With respect to the Site Availability Service Level (or SLO), for any Location where only a single CPE switch has been installed, for Outages caused by a CPE switch failure outside Normal Service Condition, the travel time needed to get to the Location is excluded from the calculation of the total Outage.
(j) With respect to Service Levels for Round Trip Delay, Frame Loss Ratio, GTTR and Jitter, the remedies shall only apply where the Customer has complied with the guidelines and requirements described in that monththe International Ethernet Link Service Description.
(k) In no event will Customer be entitled to receive any credits or other remedies for non-non- achievement of any Service Level if such non-achievement was caused by, and Service Levels expressly exclude any time attributable to, by a Force Majeure Event, Scheduled Maintenance, Third Party Intervention, environmental conditions, WAN failurepower outages, LAN failurefailures to TO exchanges, Trunk failure, DHCP failure, Active Directory failure or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment physical disruption to Tail Circuits not managed caused by Orange as part of the Business Together – Managed Unified Communications Services, power failure, any service provided by a third partyor TOs, or by any act or omission of Customer, User, or an agent of Customer or User, or of any Customer-authorized user of the Business Together – Managed Unified Communications International Ethernet Link Service.
(l) The Service Levels (or SLOs) for Site Availability, CPE-to-CPE RTD, Frame Loss Ratio, GTTR and Jitter are only applicable if Customer’s International Ethernet Link Service is connected using the Tail Circuit obtained through Orange. Unless specified in writing, these Service Levels (or SLOs) are not applicable for other types of access (e.g. dial access, satellite access, GPRS access, Off-Net access, micro-waves, etc.).
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Service Levels are measured on a quarterly or annual basisThis SLA, as and Customer’s entitlement to the remedies set forth below.out in this SLA, is subject to the following conditions and exclusions:
(a) Service Levels will apply from the first full month following the Effective Date for the Service.
(b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(d) The remedies contained in this SLA are Customer’s sole and exclusive remedies remedy for any failure by Orange to meet provide Contact Center Access in accordance with the Service Levels under Description and this SLA.
(b) The Orange Scheduled Maintenance or emergency maintenance of the Service, provided in a proper, non-negligent manner and in accordance with standard industry practices will not be deemed to be a failure by Orange to provide the Service Level in accordance with the Agreement.
(ec) Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Measurement Period month in which Customer alleges that the alleged Service Level was not achievedbreach occurred. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange. Orange will issue all undisputed credits within 90 days of Customer’s written claim.
(fd) Customer must exercise any right to terminate the Services provided under this SLA to cancel Contact Center Access within 60 days of the breach giving that gives rise to Customer’s right to terminate at the affected Locationscancel Contact Center Access. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services cancel Contact Center Access within the 60-day period, then Customer’s right to terminate such Services cancel Contact Center Access in connection with such SLA breach will the availability of that particular remedy expires shall lapse.
(ge) Any termination of the Service Contact Center Access by Customer due to the failure by Orange to meet any Service Level under this SLA will be is without financial liability to Customer, other than Customer’s liability to pay for the Business Together - Unified Communications Services Contact Center Access provided before the effective date of termination.
(h) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) or resulted from the refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution of the Incident.
(if) In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service in that year.
(j) In no event will the total credits due for any unachieved Service Level for any Location or Service in any month exceed 100% of the aggregate monthly recurring Qualifying Charges for the that Location or Service at the affected Location(s) in that month.
(kg) Unless otherwise specified, the measurement period for all Service Levels commences on the first day of the month and ends on the last day of the month.
(h) Service Levels for Service Availability will be measured from the first full month following the Date of Acceptance of the Service at the relevant Location.
(i) In no event will Customer be entitled to receive any credits or other remedies for non-non- achievement of any Service Level if such non-achievement was caused by, and Service Levels expressly exclude any time attributable to, by a Force Majeure Event, Scheduled Maintenance, Third Party Intervention, Intervention or environmental conditions, WAN failurepower outages, LAN failuremajor failures to TO exchanges, Trunk failure, DHCP failure, Active Directory failure or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment major physical disruption to Tail Circuits not managed caused by Orange as part of the Business Together – Managed Unified Communications Services, power failure, any service provided by a third partyor TOs, or by any act act, or omission of Customer, User, or an agent of Customer or User, or of any Customer-authorized user of the Business Together – Managed Unified Communications ServiceNetwork.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Service Levels are measured on a quarterly or annual basis, as Notwithstanding anything to the contrary set forth below.in this SLA, this SLA and Customer’s entitlement to the remedies set out in this SLA are subject to the following conditions and exclusions:
(a) Service Levels will apply from the first full month following the Effective Date for the Service.
(b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(d) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet provide Business Together as a Service in a manner which satisfies the Service Levels under set out in this SLA. Orange's periodic routine, non-routine, or emergency maintenance of the Service, provided in a proper, non-negligent manner and in accordance with standard industry practices will not be deemed to be a failure of Orange to provide Services in accordance with the Agreement, or the breach of any Service Level AgreementLevel.
(eb) Customer must submit claims for credits for unachieved Notwithstanding anything to the contrary contained herein, all Service Levels in writing to Orange within 60 days following the end of the Measurement Period in which Customer alleges that the Service Level was not achieved. Within 30 days following receipt of the claim, Objectives or SLO’s provided by Orange will confirm in writing be deemed performance level targets only; and Customer shall not be entitled to Customer the amount any remedies, financial or otherwise, for non-achievement by Orange of the credit, if any, from reports generated by Orangesuch SLOs.
(f) Customer must exercise any right to terminate the Services provided under this SLA within 60 days of the breach giving rise to Customer’s right to terminate at the affected Locations. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services within the 60-day period, then Customer’s right to terminate such Services in connection with such breach will lapse.
(g) Any termination of the Service due to the failure by Orange to meet any Service Level under this SLA will be without financial liability to Customer, other than Customer’s liability to pay for the Business Together - Unified Communications Services before the effective date of termination.
(hc) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network or other telecommunications services or any equipment (including Customer provided end points) being provided by a third party (other than a Subcontractoran Orange subcontractor) or resulted from the refusal of any third party (other than a Subcontractoran Orange subcontractor) to cooperate with Orange in resolution of the resolving an Incident.
(i) In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service in that year.
(jd) In no event will the total credits due for any unachieved Service Level in any calendar month exceed 100% of the aggregate monthly recurring Qualifying Charges for the Service at the affected Location(s) in that monthLocation.
(ke) In no event will Customer be entitled to receive credits or other remedies for non-achievement of any Service Level if such non-achievement was caused by, and the relevant Service Levels Level expressly exclude any time attributable to, a Force Majeure Event, Scheduled Maintenance, Third Party Intervention, environmental conditions, WAN failure, LAN failure, Trunk Active Directory failure, DHCP failure, Active Directory failure or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any IP Telephony network component or equipment not managed and maintained by Orange as part of the Business Together – Managed Unified Communications Servicesas a Service, power failure, any service provided by a third party, or by any act or omission of Customer, User, or an agent of Customer or User, or .
(f) Service Levels for the Service at a Location will apply from the first full calendar month following the Date of any Customer-authorized user Acceptance of the Business Together – Managed Unified Communications ServiceService at such Location.
(g) Orange’s failure to comply with the Service Level will not relieve Customer from its obligation to pay the Charges.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Service Levels This SLA, and Customer’s entitlement to the remedies set out in this SLA, are measured on a quarterly or annual basis, as set forth below.subject to the following conditions and exclusions:
(a) Service Levels will apply from the first full month following the Effective Date for the Service.
(b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(d) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet provide Business Talk in accordance with the Service Levels under Description for Business Talk or this Service Level Agreement.
(e) Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 SLA. days following the end of the Measurement Period month in which Customer alleges that the Service Level was not Orange and Orange Business Services are trading names of the Orange Group and are trademarks of Orange Brand Services Limited. achieved. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange.
(fc) Customer must exercise any termination right to terminate the Services provided under this SLA within 60 days of the breach giving rise to Customer’s 's right to terminate Business Talk at the affected LocationsLocation. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services within the 60-day period, then Customer’s 's right to terminate such Services Business Talk in connection with such breach will lapse.
(gd) Any termination of the Service Business Talk by Customer due to the Orange’s failure by Orange to meet any Service Level under this SLA will be without financial liability to Customer, other than Customer’s liability to pay for the Business Together - Unified Communications Services Talk provided before the effective date of termination.
(h) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) or resulted from the refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution of the Incident.
(ie) In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service in that year.
(j) In no event will the total credits due for any unachieved Service Level Levels in any month for a Location exceed 100% of the aggregate monthly recurring Qualifying Charges for the Service Business Talk at the affected Location(s) that Location in that month.
(kf) The Service Level for Orange Service Delivery in Clause 9 of this document is only applicable if Orange does not waive and Customer pays the installation charges for Business Talk for the relevant Location.
(g) Unless otherwise specified, the measurement period for all Service Levels and SLOs commences on the first day of the month and ends on the last day of the month.
(h) Customer will not be entitled to any remedies set out in this SLA unless, and Service Levels will apply only if, Customer receives the “Service Select - Extended Service Delivery” Service (as described in a separate Service Select Service Description attached to this Agreement) for Business Talk. Notwithstanding anything to the contrary contained herein, if Customer receives the “Service Select - Standard Service Delivery” Service for Business Talk, all Service Levels will be deemed SLOs only.
(i) In no event will Customer be entitled to receive any credits or other remedies for non-achievement of any Service Level if such non-achievement was caused by, and Service Levels expressly exclude any time attributable to, a Force Majeure Event, Scheduled Maintenance, Third Party Intervention, environmental conditions, WAN failurepower outages, LAN failurefailures to TO exchanges, Trunk failure, DHCP failure, Active Directory failure or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment physical disruption to Tail Circuits not managed caused by Orange as part of the Business Together – Managed Unified Communications Services, power failure, any service provided by a third partyor TOs, or by any act or omission of Customer, User, or an agent of Customer or User, or of any Customer-authorized user of Business Talk.
(j) This SLA will not apply to Business Talk using IP Access Internet, IP Access Small, IP Access Satellite or IP Access Connect; except that for IP Access Connect, the SLA will apply to the Hub Site, i.e., the Location connected to the Orange Business Together – Managed Unified Communications VPN Corporate Service.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Service Levels are measured on a quarterly or annual basis, as set forth below.
(a) Service Levels will apply from This SLA is subject to the first full month following the Effective Date for the Service.
(b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(d) conditions and exclusions: ▪ The remedies contained in this SLA are Customer’s sole and exclusive remedies remedy for any failure by Orange to meet provide the Service Levels under this in accordance with the Agreement. ▪ Periodic routine, non-routine, or emergency maintenance of the Service Level by Orange, if provided in a proper, non-negligent manner and in accordance with standard industry practices, will not be deemed to be a failure by Orange to provide the Service in accordance with the Agreement.
(e) Customer . ▪ Orange must submit receive all claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Measurement Period Month in which Customer alleges that the a Service Level was not achieved. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange.
(f) . Orange will issue all applicable credits within 90 days after Customer’s written claim. ▪ Customer must exercise any Service termination right to terminate the Services provided under this SLA within 60 days of the breach giving that gave rise to Customer’s right to terminate at cancel the affected LocationsService. If Customer does not notify Orange in writing of its election to terminate cancel the Business Together - Unified Communications Services Service within the 60-day period, then Customer’s right to terminate such Services the Service in connection with such said breach will shall lapse.
(g) . ▪ Any termination of the Service by Customer due to the failure by Orange to meet any Service Level under this SLA will be is without financial liability to Customer, other than Customer’s liability to pay for the Business Together - Unified Communications Services Service provided before the effective date of termination.
(h) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) or resulted from the refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution of the Incident.
(i) . ▪ In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service in that year.
(j) In no event will the total credits due for any unachieved Service Level in any month Month exceed 100% of the aggregate monthly recurring Qualifying Charges for the Service at the affected Location(s) in that month.
Month. ▪ The Service Level for Orange Service Delivery is only applicable if the Service implementation fee is being charged to and is paid by Customer. ▪ Unless otherwise specified, the measurement period for all Service Levels commences on the first day of the Month and ends on the last day of the Month. ▪ Service Levels for Site Availability, Round Trip Delay, and Packet Loss Ratio will be measured from the first full Month following the Date of Acceptance of the Service at the relevant Location. ▪ With respect to Site Availability Service Level, for any Location that (ka) is outside of the area of Normal Service (as defined in Clause 1.6) and (b) has only a single CPE installed, Outages caused by a CPE failure are excluded from the calculation of total Outages. ▪ With respect to Service Levels for Round Trip Delay and Packet Loss Ratio, the remedies shall only apply where the Customer has IP Bandwidth Access equal or higher than 56 kbps. ▪ In no event will Customer be entitled to receive any credits or other remedies for non-non- achievement of any Service Level if such non-achievement was caused by, and Service Levels expressly exclude any time attributable to, by a Force Majeure Eventevent, Scheduled Maintenance, Third Party Intervention, Intervention or environmental conditions, WAN failurepower outages, LAN failurefailures to TO exchanges, Trunk failure, DHCP failure, Active Directory failure or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment physical disruption to Tail Circuits not managed caused by Orange as part of the Business Together – Managed Unified Communications Services, power failure, any service provided by a third partyor TOs, or by any act or omission of Customer, User, or an agent of Customer or User, or of any Customer-authorized user of the Business Together – Managed Unified Communications ServiceNetwork.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Service Levels are measured on a quarterly or annual basis, as Notwithstanding anything otherwise to the contrary in this SLA and in addition to any other conditions and limitations otherwise set forth below.in this SLA, this SLA and Customer’s entitlement to the remedies set out in this SLA are subject to the following conditions and exclusions:
(a) Customer will not be entitled to any remedies set out in this SLA, and the Service Levels will not apply from if, Customer does not purchase either the first full month following the Effective Date Service Manage (as described in separate Service Description) for the Service. Notwithstanding anything to the contrary contained in this SLA, if Customer does not purchase Service Manage with the Service, all Service Levels will be deemed SLOs only.
(b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(d) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to provide the Service in accordance with the Service Description for Flexible Identity Authentication Service or to meet the Service Levels under set forth in this Service Level AgreementSLA.
(ec) Customer must submit claims for service credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Measurement Period month in which Customer alleges that the alleged Service Level was not achievedfailure occurred. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by OrangeOrange and will issue all undisputed credits within 90 days from the date of its receipt of Customer’s written claim. The Service Level for Lead Time to Deliver in Clause 1.3 above only applies if Orange does not waive and Customer pays the installation charges for the Service for the relevant Location.
(d) The cumulative and total Service Level credits that Customer will be entitled to receive for non-achievement of any and all Service Levels applicable to the Service during such month will not exceed 30% of the Qualifying Charges for the Service.
(e) The Service Levels apply only to the Service Components and expressly exclude the Internet, the local browser and Users' Internet connections.
(f) Customer must exercise any right to terminate Service Levels shall be effective from the Services provided under this SLA within 60 days first full month following the Date of Acceptance of the breach giving rise to Customer’s right to terminate at the affected Locations. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services within the 60-day period, then Customer’s right to terminate such Services in connection with such breach will lapseService.
(g) Any termination All applicable Service Levels and SLOs will begin on the first full month following the Date of Acceptance of the Service. Unless otherwise specified in this SLA, the measurement period for all Service due to Levels and SLOs commences on the failure by Orange to meet any Service Level under this SLA will be without financial liability to Customer, other than Customer’s liability to pay for first day of the Business Together - Unified Communications Services before month and ends on the effective date last day of terminationthe month.
(h) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) or resulted from the refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution of the Incident.
(i) In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service in that year.
(j) In no event will the total credits due for any unachieved Service Level in any month exceed 100% of the aggregate monthly recurring Charges for the Service at the affected Location(s) in that month.
(k) In no event will Customer be entitled to receive any credits or other remedies for non-achievement of any Service Level if such non-achievement was caused by, and Service Levels expressly exclude any time attributable to, a Force Majeure Event, Scheduled Maintenance, Third Party Intervention, environmental conditions, WAN failurepower outages, LAN failurefailures to Access Provider exchanges, Trunk failurechanges to the Service made by or at the request of Customer, DHCP failure, Active Directory failure physical interruptions to termination segments not attributable to Orange or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment not managed by Orange as part of the Business Together – Managed Unified Communications Services, power failure, any service provided by a third partyto Access Providers, or by any act or omission of Customer, User, or an agent of Customer or User, or of any Customer-authorized user User of the Business Together – Managed Unified Communications Service.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Service Levels This SLA and Customer’s entitlement to the remedies set out in this SLA are measured on a quarterly or annual basis, as set forth below.subject to the following conditions and exclusions:
(a) The Service Levels will and SLOs apply from the first full only to Exchange Messaging Services with a minimum 36- month following the Effective Date for the ServiceService Term.
(b) Beta, trial, proof Customer will not be entitled to remedies for any unachieved Service Levels resulting from: (i) a failure of concept or pilot other services (as determined e.g. network services or Internet access), whether provided by a third party or by Orange, or (ii) any hardware or software not managed by Orange, or (iii) if the Servers are excluded from this SLAlocated on Customer's premises, environmental conditions, including air conditioning and power supply.
(c) All Service Levels and SLOs are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specifiedon a monthly basis.
(d) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet the Service Levels under provided for the Exchange Messaging Service in this Service Level AgreementSLA.
(e) Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Measurement Period month in which Customer alleges that the Service Level was not achieved. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange.
(f) Customer must exercise any right to terminate Service Levels and SLOs will apply from the Services provided under this SLA within 60 days first full month following the Date of Acceptance for the breach giving rise to Customer’s right to terminate Exchange Messaging Service at the affected Locations. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services within the 60-day period, then Customer’s right to terminate such Services in connection with such breach will lapserelevant Location.
(g) Any termination of the Service due to the failure by Orange to meet any Service Level under this SLA will be without financial liability to Customer, other than Customer’s liability to pay for the Business Together - Unified Communications Services before the effective date of termination.
(h) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) or resulted from the refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution of the Incident.
(i) In no event will the annual total accumulated credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service in that year.
(j) In no event will the total credits due for any unachieved Service Level in any month exceed 10025% of the aggregate monthly recurring Qualifying Charges for the Service at the affected Location(s) in that month.
(kh) In no event will Customer be entitled to receive credits or other remedies for non-achievement of any Service Level if such non-achievement was caused by, and Service Levels and SLOs expressly exclude any time attributable to, a Force Majeure Event, Scheduled Maintenance, Third Party Intervention, environmental conditions, WAN failure, LAN failure, Trunk failure, DHCP failure, Active Directory failure or corruption outside any services other than the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment not managed Exchange Messaging Service (whether such services are provided by Orange as part of the Business Together – Managed Unified Communications Services, power failure, any service provided by or a third party), or by any act or omission of Customer, User, or an agent of Customer or User, or of any Customer-Customer- authorized user of the Business Together – Managed Unified Communications Exchange Messaging Service.
(i) All Service Level and SLO measurements are based solely on the Orange SLA/SLO measurement systems or the Orange trouble ticketing system.
(j) In the event that the actual Service Availability falls 3% below the Service Availability Service Level specified in Clause Exhibit A for four (4) consecutive months over any twelve (12) month period, Customer will have the right to terminate the Exchange Messaging Service without financial liability, other than the Customer’s liability to pay for the Exchange Messaging Service provided before the effective date of termination. Customer’s right of cancellation of the Exchange Messaging Service pursuant to Orange failure to meet the Service Availability Rate Service Level must be exercised within 90 days of the Customer having notified Orange in writing of that failure. If the Customer does not notify Orange in writing of its election to cancel within that time, the availability of that particular remedy expires.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Service Levels This SLA and Customer’s entitlement to the remedies set out in this SLA are measured on a quarterly or annual basis, as set forth below.subject to the following conditions and exclusions:
(a) Service Levels Level(s) are measured on a monthly basis.
(b) This SLA will only apply to Managed Equipment connected on Business VPN Service and to Video Endpoint registered on a Vendor cloud service connected on Internet.
(c) This SLA is not applicable to the Managed Equipment with the Light service option.
(d) Service Level will apply from the first full day of the calendar month following Acceptance of the Effective Date for the ServiceOpen Videopresence Management Services.
(be) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(d) The remedies Remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet provide the Open Videopresence Management Services in accordance with the Service Levels under Description of Open Videopresence Management Services or this Service Level AgreementSLA.
(ef) Customer must submit claims a claim for credits a service credit for an unachieved Service Levels Level in writing to Orange within 60 30 days following the end of the Measurement Period measurement period in which Customer alleges that the Service Level was not achieved. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange.
(fg) Customer must exercise any right shall not be entitled to terminate the Services provided under this SLA within 60 days service credits for non-achievement of the breach giving rise to Customer’s right to terminate at the affected Locations. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services within the 60-day period, then Customer’s right to terminate such Services in connection with such breach will lapse.
(g) Any termination of the Service due to the failure by Orange to meet any Service Level under as described in this SLA will be without financial liability in case Customer is entitled to Customer, other than Customer’s liability to pay service credits under the Network Services for the Business Together - Unified Communications Services before the effective date of terminationsame Incident.
(h) The Service Levels in this SLA will apply if and only if the following conditions are met:
(i) Any changes to the configuration of the Managed Equipment implemented after installation are performed by Orange or with Orange prior written consent;
(ii) Customer reasonably follows Orange and the Vendor's recommended best practices and operating procedures, including operational best practices, test planning, procedures for maintaining/updating Software versions, third party software/hardware integration, and problem reporting;
(iii) Customer provides a single point of contact to Orange to establish key operational and data collection and reporting processes between Orange and Customer, including trouble ticket creation management and reporting;
(iv) Customer obtains written consent from Orange before deploying any third party product that interconnects with the Managed Equipment other than as expressly contemplated in the relevant Managed Equipment specifications, and fully tests and validates the interoperability of such products or services before use in the production environment; and
(v) Customer approves the implementation of Orange recommendation regarding Software updates, Room design, design changes, sparing requirements, operating systems, methods, and procedures that impact the operation of the Managed Equipment.
(i) The Service Level in this SLA will not apply to the extent that non-achievement of a Service Level resulted results from a failure or is due to or in connection with any of network services the following reasons:
(i) Network services, software or equipment being provided by Customer or a third party party;
(other than a Subcontractorii) or resulted from the The refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution of the Incident.;
(iiii) Customer’s failure to comply with its responsibilities as set forth in the Agreement, including the Service Description for Open Videopresence Management Services;
(iv) Any exclusion or limitation applicable to the Vendor Branded Maintenance or Cobrand Maintenance Services, including any limitations related to geographic restrictions for hardware delivery times. The Orange liability for hardware failure is limited to a single remedy on the day the Incident occurred;
(v) A lack of interoperability between the Managed Equipment and any third party products not approved by Orange;
(vi) Customer’s use of the Managed Equipment in a manner inconsistent with its published specifications, including its environmental specifications;
(vii) In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service in that year.
(j) In no event will the total credits due for any unachieved Service Level Levels in any month for a Location exceed 100% of the aggregate monthly recurring Qualifying Charges for the Service Open Videopresence Management Services at the affected Location(s) that Location in that month.; In no event will total credits due for any unachieved Service Levels exceed 200% of the monthly Qualifying Charges for Open Videopresence Management Services at a Location for a Year;
(kviii) In no event will Customer be entitled to receive any credits or other remedies for non-achievement of any Service Level if such non-achievement was caused by, and Service Levels expressly exclude any time attributable to, by a Force Majeure Eventevent, Scheduled Maintenance, Third Party Intervention, environmental conditions, WAN failure, LAN failure, Trunk failurepower outages, DHCP failurefailures of TO exchanges, Active Directory failure or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment physical disruption to Tail Circuits not managed caused by Orange as part of the Business Together – Managed Unified Communications Services, power failure, any service provided by a third partyor TOs, or by any act or omission of Customer, User, or an agent of Customer or User, or of any Customer-authorized user of the Business Together Open Videopresence Management Services;
(ix) Customer will not be entitled to any remedies set out in this SLA unless, and Service Levels will apply only if, Customer purchases Service Select Extended – Managed Unified Communications ServiceService Support and Service Delivery.
(x) Vendor cloud service not being available for Video Endpoint registered on it.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Service Levels Notwithstanding anything to the contrary in this SLA, this SLA and Customer’s entitlement to the remedies set out in this SLA are measured on a quarterly or annual basis, as set forth below.subject to the following conditions and exclusions:
(a) Customer will not be entitled to any remedies set out in this SLA, and the Service Levels will not apply from if, Customer does not purchase the first full month following Service Management with the Effective Date Service Optimize option (as described in separate Service Descriptions) for the Service. Notwithstanding anything to the contrary contained in this SLA, if Customer does not purchase Service Management with the Service Optimize option for the Service all Service Levels will be deemed SLOs only.
(b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(d) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet the Service Levels under this Service Level Agreement.
(e) Customer must submit claims for service credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Measurement Period month in which Customer alleges that the alleged Service Level was not achievedfailure occurred. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by OrangeOrange and will issue all undisputed credits within 90 days from the date of its receipt of Customer’s written claim.
(fc) Customer must exercise The MSS web portal for monitoring the Service (reporting, monitoring Incidents, etc.) is not subject itself to any right to terminate the Services provided under this SLA within 60 days of the breach giving rise to Customer’s right to terminate at the affected Locations. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services within the 60-day period, then Customer’s right to terminate such Services in connection with such breach will lapseService Levels.
(gd) Any termination of the Service due to the failure by Orange to meet the Service Levels does not modify, toll, or limit in any Service Level under this SLA will be without financial liability to Customer, other than way Customer’s liability obligation to pay the Charges for the Business Together - Unified Communications Services before the effective date of terminationService.
(h) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) or resulted from the refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution of the Incident.
(i) In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service in that year.
(j) In no event will the total credits due for any unachieved Service Level in any month exceed 100% of the aggregate monthly recurring Charges for the Service at the affected Location(s) in that month.
(ke) In no event will Customer be entitled to receive any credits or other remedies for non-achievement of any Service Level if such non-achievement was caused by, and Service Levels expressly exclude any time attributable to, a Force Majeure Event, Scheduled Maintenance, Third Party Interventionintervention by third parties, environmental conditions, WAN failurepower cuts or outages, LAN failurefailures to Access Provider exchanges, Trunk failurechanges to the Service made by or at the request of Customer, DHCP failure, Active Directory failure physical interruptions to termination segments not attributable to Orange or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment not managed by Orange as part of the Business Together – Managed Unified Communications Services, power failure, any service provided by a third partyto Access Providers, or by any act or omission by any User of the FSP Service (including a User’s unavailability or failure to provide or delay in providing Orange with timely access to the Location with respect to an Incident).
(f) The Service Levels apply exclusively to the FSP Core Service and expressly exclude all other components or features, including the Internet, the local browser and users' Internet connections.
(g) Except as otherwise expressly provided in this SLA, the Service Levels and SLOs will begin in the first full month following the Date of Acceptance of the FSP Service at the Location.
(h) Except as otherwise expressly provided in this SLA, the Service Levels and SLOs will begin on the first day of the month and end on the last day of the month.
(i) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet the Service Levels under this Service Level Agreement.
(j) The GTTR Service Levels are (a) available only in certain countries, as identified by Orange, upon request from Customer, User, or an agent of Customer or User, or of any Customer-authorized user and as may be modified by Orange from time to time and (b) subject to the availability of the Business Together – Managed Unified Communications "site" engineer and the Customer contact on the Location. This contact must be defined case-by-case.
(k) Orange's Scheduled Maintenance or emergency maintenance of the Service, if provided in a proper, non- negligent manner and in accordance with standard industry practices, will not be deemed to be a failure by Orange to provide the Service in accordance with the Agreement.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Service Levels This document and Customer’s entitlement to the remedies set out in this document are measured on a quarterly or annual basis, as set forth below.subject to the following conditions and exclusions:
(a) Service Levels will apply from the first full month following the Effective Date for the Service.
(b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(d) The remedies contained in this SLA document are Customer’s sole and exclusive remedies for any failure by Orange to meet the Service Levels under this Service Level Agreement. Notwithstanding anything to the contrary contained herein or in the Agreement, the Service Levels for Jitter will be deemed performance level targets ("SLOs" or "Service Level Objectives") only and for which there are no remedies, financial or otherwise, associated with non-achievement of the SLOs.
(eb) The Orange Scheduled Maintenance or emergency maintenance of the Business VPN Satellite Service, if provided in a proper, non-negligent manner and in accordance with standard industry practices, will not be deemed to be a failure by Orange to provide the Dedicated Satellite Service in accordance with the Agreement.
(c) Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Measurement Period Month in which Customer alleges that the Service Level was not achieved. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange. Orange will issue all undisputed credits within 90 days of Customer’s written claim.
(fd) Customer must exercise any right to terminate the Services Business VPN Satellite Service provided under this SLA document within 60 days of the breach giving that gave rise to Customer’s right to terminate the Business VPN Satellite Service at the affected Locations. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services VPN Satellite Service within the 60-day period, then Customer’s right to terminate such Services the Business VPN Satellite Service in connection with such breach will lapse.
(ge) Any termination of the Business VPN Satellite Service by Customer due to the failure by of Orange to meet any Service Level under this SLA will be document is without financial liability to Customer, other than Customer’s liability to pay for the Business Together - Unified Communications Services VPN Satellite Service provided before the effective date of termination.
(h) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) or resulted from the refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution of the Incident.
(if) In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service in that year.
(j) In no event will the total credits due for any unachieved Service Level in any month Month exceed 100% of the aggregate monthly recurring Qualifying Charges for the affected Location in that Month.
(g) The Service Level for Service Delivery described in Clause 1.3 (Service Level for Orange Service Delivery) is only applicable if Orange does not waive, and if Customer pays, the Charges for installation of the Business VPN Satellite Service at the affected Location(srelevant Location.
(h) in that monthUnless otherwise specified, the measurement period for all Service Levels commences on the first day of the Month and ends on the last day of the Month.
(i) Service Levels for Site Availability and Round Trip Delay will be measured from the first full Month following the Date of Acceptance of the Business VPN Satellite Service at the relevant Location.
(j) With respect to the Site Availability Service Level, Outages caused by a CE Router or Satellite Equipment failure outside of Normal Service Conditions are excluded from the calculation of the total Outage. The Site Availability Service Level will apply to Locations situated further than 50km from an Orange service office. Customer must install appropriate monitoring software on its CE Router.
(k) The Service Level for Site Availability applies only if Satellite Spare Parts are available at the Location. Customer will be responsible for ordering the Satellite Spare Parts and for provisioning the Satellite Spare Parts to Orange in the event of an Incident. The Site Availability Service Level also applies when a regional sparing policy for Customer remote Locations has been mutually agreed with Orange. In no event will Customer be entitled to receive credits or other remedies for non-achievement of any Service Level if such non-achievement was caused by, and Service Levels expressly exclude any time attributable to, a Force Majeure Event, Scheduled Maintenancethe exclusions specified in Exhibit B (Satellite Specific Outages), Third Party Intervention, environmental conditionsScheduled Maintenance, WAN failure, LAN failure, Trunk failure, DHCP failure, Active Directory failure or corruption outside physical disruption to the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment satellite connections not managed caused by Orange as part or the satellite access providers, failure of the Business Together – Managed Unified Communications Services, power failure, any service provided by a third partysatellite, or by any act or omission of Customer, User, or an agent of Customer or User, or of any Customer-authorized user of the Business Together – Managed Unified Communications Orange Network, including any unauthorized changes to the Orange Network, any changes in the internal routing or protocols in Customer’s network, or failure or disconnection of Customer’s equipment. The following Service Levels for Site Availability are applicable to the specific Locations set out in Table 1. Table 2 lists a series of causes for Outages with an indication of responsibility and whether the Outage should be included in the calculation of the Service Level for Site Availability. 1 Breakdown of Satellite Service CPE of the Location. Yes Yes 2 Breakdown or peaks of the power supply at a Location (note 1). No No 3 Breakdown of equipment of the Gateway - Hub Location. Yes Yes 4 Breakdown of the power supply at the Gateway - Hub Location. Yes Yes 5 Agreed maintenance and testing works by Orange (note 2). Yes No 6 Interruption of the availability of space segment (note 3). Yes No 7 Interference from other systems and/or transmissions (note 4). No No 8 Rainfall Outages (note 5). No Yes 9 Short time Outages < 10 min. caused by weather (note 6). No Yes 10 Outages due to severe weather conditions (note 7). No No 11 Sun Outages (note 8). No No 12 Satellite breakdown (note 9). Xx Xx 00 Xxxxx Xxxxxxx. No No Notes:
1. Customer is responsible for the power supply on its premises.
2. Outages due to scheduled maintenance or reasons for which Customer is responsible will not be included in the calculation of Site Availability.
3. Satellite operators have the right to interrupt the availability of the space segment for troubleshooting purposes in case of serious danger to the satellite.
4. This concerns electromagnetic interference from signals and transmissions from other satellite systems, VSATs and terrestrial transmitters and radio links. It also concerns obstacles constructed or installed between the remote Satellite Equipment and the line of sight to the satellite. Orange is not responsible for such interruptions, but will help Customer to rectify the situation and re-establish the Service. All costs incurred by Orange in addressing issues related to interference will be charged to Customer.
5. For all Locations connected by C-band (4/6 GHz), Outages caused by rainfall are lower than 0.01% and by Ku- band; Outages caused by rainfall are lower than 0.1% of the Committed Time Interval (CTI) for the Site Availability.
6. Short time Outages of <10 min. caused by weather (e.g. heavy rains, wind, and lightning) are not taken into consideration for the Site Availability calculation; whether there is a single or multiple such interruptions during any given day.
7. Severe weather conditions (including snow, ice, etc.) - For Locations in areas that are subject to particularly severe weather conditions, specific equipment design (de-icing, etc.) should be considered to avoid Outages.
8. Depending on the geographical position of the Location, there may be Outages resulting from the sun’s position in spring and autumn each year. The duration of each sun outage is 5 to 8 minutes over a five (5) day period. During a sun Outage, the quality of the receiving channel at the Location can cause an interruption of the network connection. The maximum loss of Site Availability by sun Outage is 0.015% per year. At Customer’s option and for an additional Charge, Orange will inform Customer of the anticipated dates/times of a sun Outage period approximately one (1) week before such period occurs.
9. Satellite breakdown is a Force Majeure Event. Nevertheless, Orange will use commercially reasonable efforts to switch the network to a reserve satellite.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Service Levels are measured on a quarterly or annual basis, as Notwithstanding anything to the contrary set forth below.in this SLA, this SLA and Customer’s entitlement to the remedies set out in this SLA are subject to the following conditions and exclusions:
(a) Service Levels will apply from the first full month following the Effective Date for the Service.
(b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(d) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet the Service Levels under this Service Level Agreement. For the avoidance of doubt, Customer will not be entitled to any remedies set out in this SLA if Customer receives Standard Support.
(b) Scheduled Maintenance or emergency maintenance of the CDN Service, if provided in a proper, non-negligent manner and in accordance with standard industry practices, will not be deemed to be a failure by Orange to provide the CDN Service in accordance with the Agreement. Orange shall not be liable for Service Level failure arising from Scheduled Maintenance or emergency maintenance.
(c) The Service Levels shall take effect on the first day of the full Month following the Date of Acceptance of the relevant AQUA Web Solution Package and the Customer Support purchased by Customer. On the day the applicable Service Levels take effect (as described in this Clause 1.5(c)), the Service Levels will be measured from the first day of the Month and until the last day of the Month.
(d) Customer shall not be entitled to receive any Service Level credits or other remedies for non- achievement of any Service Level, and Orange will not be liable for any Service Level failure, if Customer does not fulfill its responsibilities set forth in this Service Level Agreement, the Service Description for Content Delivery Network Solution, and at xxx.xxxxxx.xxx/xxxxxxx URL (or such other URL as Orange may identify from time to time).
(e) Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Measurement Period in which Customer alleges that the Service Level was not achieved. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange.
(f) Customer must exercise any right to terminate the Services provided under this SLA within 60 days of the breach giving rise to Customer’s right to terminate at the affected Locations. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services within the 60-day period, then Customer’s right to terminate such Services in connection with such breach will lapse.
(g) Any termination of the Service due to the failure by Orange to meet any Service Level under this SLA will be without financial liability to Customer, other than Customer’s liability to pay for the Business Together - Unified Communications Services before the effective date of termination.
(h) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) or resulted from the refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution of the Incident.
(i) In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service in that year.
(j) In no event will the total credits due for any unachieved Service Level in any month exceed 100% of the aggregate monthly recurring Charges for the Service at the affected Location(s) in that month.
(k) In no event will Customer be entitled to receive any credits or other remedies for non-non- achievement of any Service Level, and Orange will not be liable for any Service Level failure, if such non-achievement of the Service Level was caused by, and Service Levels expressly exclude any time attributable to, by a Force Majeure Event, Scheduled Maintenance, the Orange implementation of Customer-requested changes to the CDN Service, Third Party Intervention, environmental conditionsconditions (e.g. power outages, WAN failure, LAN failure, Trunk failure, DHCP failure, Active Directory failure physical disruption to Tail Circuits (or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment DSL circuit) not managed caused by Orange as part of the Business Together – Managed Unified Communications Services, power failure, any service provided by a third partyor TOs), or by any act or omission of Customer, User, or an agent of Customer or User, or of any Customer-authorized user the Users of the Business Together – Managed Unified Communications CDN Service.
Appears in 1 contract
Samples: Service Level Agreement
Conditions and Exclusions. Service Levels are measured on a quarterly or annual basis, as Notwithstanding anything to the contrary set forth below.in this SLA, this SLA and Customer’s entitlement to the remedies set out in this SLA are subject to the following conditions and exclusions:
(a) Service Levels will apply from the first full month following the Effective Date for the Service.
(b) Beta, trial, proof of concept or pilot services (as determined by Orange) are excluded from this SLA.
(c) All Service Levels are measured at the overall contract level, not at an individual Location, country or regional level, unless otherwise specified.
(d) The remedies contained in this SLA are Customer’s sole and exclusive remedies for any failure by Orange to meet the Service Levels under this SLA. Customer will not be entitled to any remedies set out in this SLA, and the Service Levels will not apply, if Customer does not purchase Service Select – Extended Service Delivery for the Business VPN Service. Notwithstanding anything to the contrary contained in this SLA, if Customer does not purchase Service Select –Extended Service Delivery for the Business VPN Service, then all Service Levels will automatically convert into, and will be treated as SLO, and all remedies, financial or otherwise, associated with non-achievement of any Service Level will be null and void.
(b) Orange's Scheduled Maintenance or emergency maintenance of the Business VPN Service or the Orange Network, if provided in a proper, non-negligent manner and in accordance with standard industry practices, will not be deemed to be a failure by Orange to provide the Business VPN Service in accordance with the Agreement.
(ec) Customer must submit claims for credits for unachieved Service Levels in writing to Orange within 60 days following the end of the Measurement Period Month in which Customer alleges that the alleged Service Level was not achievedfailure occurred. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, credit (if any, ) from reports generated by OrangeOrange and will issue all undisputed credits within 90 days from the date of its receipt of Customer’s written claim.
(fd) Customer must exercise any Business VPN Service termination right to terminate the Services provided under specified in this SLA within 60 days from the date of the breach giving Service Level failure that gave rise to Customer’s right to terminate at the affected Locationssuch termination right. If Customer does not notify Orange in writing of its election to terminate the Business Together - Unified Communications Services Service within the 60-day period, then Customer’s such termination right to terminate such Services in connection with such breach will lapse.
(ge) Any termination The exercise by Customer of the Service due to the failure by Orange to meet any Service Level termination right under this SLA will be without financial liability to Customer, other than Customer’s liability except that Customer will be liable to pay Orange for the Service provided up to the date that the Service is actually disconnected by Orange.
(f) The cumulative and total Service Level credit that Customer will be entitled to receive per Location per Month for non- achievement of any and all Service Levels applicable to the Location during such Month will not exceed 100% of such Month’s Qualifying Charges for the affected Location.
(g) All applicable Service Levels or SLOs will begin on the first full Month following the Date of Acceptance of the Business Together - Unified Communications Services before VPN Service at the effective date Location. Unless otherwise expressly stated in this SLA, the measurement period for all Service Levels (or SLOs, as the case may be) will start on the first day of terminationthe Month and will end on the last day of the Month.
(h) The Service Levels in this SLA will not apply to the extent that non-achievement of a Service Level resulted from a failure of network services or equipment being provided by a third party (other than a Subcontractor) or resulted from the refusal of any third party (other than a Subcontractor) to cooperate with Orange in resolution of the Incident.
(i) In no event will the annual total credits due for all unachieved Service Levels exceed 50% of the aggregate recurring Charges for the Service in that year.
(j) In no event will the total credits due for any unachieved Service Level in any month exceed 100% of the aggregate monthly recurring Charges for the Service at the affected Location(s) in that month.
(k) In no event will Customer be entitled to receive credits or other remedies for non-achievement by Orange of any Service Level if such non-achievement was caused byRTD, PLR and Jitter Service Levels expressly exclude any time attributable to, will only apply if Customer complied with the following Orange engineering guidelines: ➢ IP Bandwidth Access: ▪ equal or higher than 56 Kbps for Business VPN Corporate with a Force Majeure Event, Scheduled Maintenance, Third Party Intervention, environmental conditions, WAN failure, LAN failure, Trunk failure, DHCP failure, Active Directory failure or corruption outside the control of Orange, Microsoft® Skype for Business® Server software bug that requires a permanent fix or workaround solution developed by Microsoft®, PC multimedia failure, any network component or equipment not managed by Orange as part of the Business Together – Managed Unified Communications Services, power failure, any service provided by a third party, or by any act or omission of Customer, User, or an agent of Customer or User, or of any Customer-authorized user of the Business Together – Managed Unified Communications Serviceleased line Tail Circuit.
Appears in 1 contract
Samples: Service Level Agreement
