Downtime Credits Sample Clauses
POPULAR SAMPLE Copied 1 times
Downtime Credits a. If FloQast fails to meet the Uptime Guarantee as calculated in accordance with Section 1.a. above, downtime credits shall ďĞ ĂǀĂŝůĂďůĞ͕ ĂƐ ƵƐƚŽŵĞƌ͛Ɛ ƐŽůĞ ĂŶĚ ĞdžĐůƵƐŝǀĞ ƌĞŵĞĚLJ Ă ;D͞owntime Credits͟Ϳ͗ Service Availability Downtime Credit <99.5% to 99.0% 10% <99.0% to 95.0% 20% <95.0% to 90.0% 30% <90.0% to 80.0% 50% <80.0% 100%
b. Requests for Downtime Credits should be submitted in writing to ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇ within thirty (30) days of the applicable month. Written requests should include the applicable calendar month and the total Unplanned Downtime observed by the Customer. Downtime Credits may only be claimed if Customer has no amounts past due to FloQast.
c. Approved Downtime Credits shall be applied as follows:
i. on the next invoice on the current Order;
ii. on the next invoice for a renewal Order; or
iii. if there are no amounts remaining to be invoiced on the Order and no renewal Order, then FloQast shall issue a refund for the Downtime Credits within ninety (90) days of expiration of the Agreement.
d. In addition to any Downtime Credits, in the event that FloQast fails to meet the Uptime Guarantee for (i) three (3) consecutive months or (ii) three (3) months in a six (6) month period, then Customer will have the right to terminate the applicable Order or this Agreement on written notice to FloQast and receive a refund of all prepaid unused Fees as of the date of termination.
e. This Service Level Agreement is subject to change upon notice to Customer, but no such change shall result in the Uptime 'ƵĂƌĂŶƚĞĞ ďĞŝŶŐ ůĞƐƐ ƚŚĂŶ ϵϵ͘ϱй ŶŽƌ ƐŚĂůů ƚŚĞƌĞ ďĞ ĂŶLJ forth in this Service Level Agreement.
Downtime Credits. Downtime Credits shall accrue under this Exhibit B (Statement of Work) for any Deficiency in either the Monitoring Capabilities/Components or the Capabilities/Components other than Monitoring portions of the ITS as follows: For each Severity Level 1 Deficiency that is not resolved within the applicable TAT set forth above in Section 3.5.3, Contractor shall credit the County in an amount of $100.00 per hour that a component of the ITS is deficient. In instances where such a deficiency exists, Contractor shall pay the Downtime Credits from the time Contractor is notified of the deficiency until the time the ITS deficiency is fully resolved, based on full 1-hour increments. For each Severity Level 2 Deficiency that is not resolved within the applicable TAT set forth above in Section 3.5.3, Contractor shall credit the County in an amount of $50.00 per hour that a component of the ITS is deficient. In instances where such a deficiency exists, Contractor shall pay the Downtime Credits from the time Contractor is notified of the deficiency until the time the ITS deficiency is fully resolved, based on full 1-hour increments. For each Severity Level 3 or 4 Deficiency that is not resolved within the applicable TAT set forth above in Section 3.5.3, Contractor shall credit the County in an amount of $50.00 per 24-hour period that a component of the ITS is deficient. In instances where such a deficiency exists, Contractor shall pay the Downtime Credits based on full 24-hour increments from the time Contractor is notified of the deficiency until the time the ITS deficiency is fully resolved. Downtime Credits in this instance will not accrue for any partial 24-hour period until the entire 24 hours has elapsed. Contractor shall pay the County the total amount of Downtime Credits due in accordance with Paragraph 9.2 (Downtime Credits & Liquidated Damages) of the Agreement.