Common use of Disruption of Service Clause in Contracts

Disruption of Service. To the maximum extent allowed by law, WOW! shall not be liable for any failure or interruption of Service resulting in part or entirely from a Force Majeure event (as described the “Force Majeure” section below) or any circumstance beyond WOW!’s control. Subject to the foregoing and applicable law, credit will be given for qualifying outages as follows: if there is a known, verifiable, Service interruption in excess of twenty-four (24) hours, WOW!, upon notification of such failure or interruption from the Customer within thirty (30) days of such failure or interruption, will provide Customer with a pro-rata credit relating to such failure or interruption. Customer may notify WOW! of the disruption of Service in writing or by calling 0- 000-000-0000. The credit amount is determined based on the Customer’s monthly services, the number of services affected and the total outage time. WOW! will not issue a credit if it is prevented from gaining access to its Equipment to fix the problem. Credits are issued the next available billing cycle, following a determination that credit is warranted. CUSTOMER AGREES THAT SUCH CREDIT IS CUSTOMER’S SOLE REMEDY FOR A DISRUPTION OF SERVICE. WOW! AND ITS AFFILIATES, SUPPLIERS OR AGENTS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, HOWEVER CAUSED.

Appears in 7 contracts

Samples: Subscription Agreement, Terms and Conditions of Subscription, Subscription Agreement

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Disruption of Service. To the maximum extent allowed by law, WOW! shall Shall not be liable for any failure or interruption of Service resulting in part or entirely from a Force Majeure event (as described the “Force Majeure” section below) or any circumstance beyond WOW!’s control. Subject to the foregoing and applicable law, credit will be given for qualifying outages as follows: if there is a known, verifiable, Service interruption in excess of twenty-four (24) hours, WOW!, upon notification of such failure or interruption from the Customer within thirty (30) days of such failure or interruption, will provide Customer with a pro-rata credit relating to such failure or interruption. Customer may notify WOW! of Of the disruption of Service in writing or by calling 0- 0-000-000-0000. The credit amount is determined based on the Customer’s monthly services, the number of services affected and the total outage time. WOW! will Will not issue a credit if it is prevented from gaining access to its Equipment to fix the problem. Credits are issued the next available billing cycle, following a determination that credit is warranted. CUSTOMER AGREES THAT SUCH CREDIT IS CUSTOMER’S SOLE REMEDY FOR A DISRUPTION OF SERVICE. WOW! AND ITS AFFILIATES, SUPPLIERS OR AGENTS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, HOWEVER CAUSED.

Appears in 1 contract

Samples: Subscription Agreement

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