Exclusions from Service Levels and the Service Level Guarantee Sample Clauses

Exclusions from Service Levels and the Service Level Guarantee. 8.1 The Customer shall not be entitled to claim compensation under this Service Level Agreement or Service Level Guarantee if: 8.1.1 the failure by Gamma is due to the Customer’s or its End User’s own network or equipment or any other third-party network or equipment (including but not limited to the internet); 8.1.2 the Customer is in breach of any part of its Agreement with the Supplier and such breach affects the Supplier’s ability to comply with the service level and/or service level guarantee or if Gamma’s underlying service provider suspends the service or any part of it because of any such breach; 8.1.3 through no fault of its own or because of circumstances beyond its reasonable control, Xxxxx is unable to carry out any necessary work at, or gain access to the Customer’s or End User’s site or the Customer fails to agree an appointment date or planned work is aborted (save at Gamma’s request); 8.1.4 reasonable assistance is required, or information is reasonably requested by Gamma or the Supplier from the Customer or End User or a third party and such assistance or information is not provided or is not provided in a timely fashion; 8.1.5 through no fault of its own, Gamma is unable to obtain any necessary permissions or consents required in connection with the performance of a service level or service level guarantee; 8.1.6 the failure is due to Force Majeure or some other event outside Gamma’s or the Supplier’s reasonable control; 8.1.7 the failure is due to a planned or emergency service interruption; 8.1.8 the failure is due to an inaccurate Order Form having been submitted; 8.1.9 a fault is not reported in accordance with the fault reporting procedures contained in the prevailing Gamma Customer Service Plan; or 8.1.10 The Customer or End User has failed to implement any reasonable and explicit instructions issued by Gamma in relation to the service. 8.2 The fault handling resolution times for FTTC Ethernet do not include any time taken to first resolve any WLR3 faults affecting the availability or performance of the FTTC Ethernet service. The Start Time will commence from the time that it is established by Gamma that the WLR3 line is in working order and is not affecting the FTTC Ethernet service. 8.3 The fault handling resolution times for FTTC Ethernet do not include any time taken to first resolve any WLR3 faults affecting the availability or performance of the FTTC Ethernet service. The Start Time will commence from the time that it is estab...
Sample 1
AutoNDA by SimpleDocs
Exclusions from Service Levels and the Service Level Guarantee. A service level, service level guarantee and any compensation entitlement will not apply if: - the failure by Curveball Solutions is due to the Company’s, its Customer’s or its End User’s own network or equipment or any other network (including but not limited to the internet) or equipment outside the supplied network; - the Company is in breach of any part of these terms and conditions or the Supply Agreement and such breach affects Curveball Solutions ability to comply with the service level and/or service level guarantee or if Curveball Solutions underlying service provider suspends the service or any part of it as a result of any such breach; - through no fault of its own or because of circumstances beyond its reasonable control, Curveball Solutions is unable to carry out any necessary work at, or gain access to the Company’s, its Customer’s or End User’s site or the Company fails to agree an appointment date or planned work is aborted (save at Curveball Solutions request); - reasonable assistance is required or information is reasonably requested by Curveball Solutions from the Company, its Customer or End User or a third party and such assistance or information is not provided or is not provided in a timely fashion; - through no fault of its own, Curveball Solutions is unable to obtain any necessary permissions or consents required in connection with the performance of a particular service level or service level guarantee; - the failure is due to Force Majeure or some other event outside Curveball Solutions reasonable control; - the failure is due to a planned or emergency service interruption; - the failure is due to an inaccurate Order Form having been submitted; - the Company, its Customer or End User has failed to implement any reasonable and explicit instructions issued by Curveball Solutions in relation to the service.
Sample 1
Exclusions from Service Levels and the Service Level Guarantee. A service level, service level guarantee and any compensation entitlement will not apply if: 20.1. the failure by TSI is due to the Customer’s own network or equipment or any other network (including but not limited to the internet) or equipment outside the TSI network; 20.2. the Customer is in breach of any part of these terms and conditions and such breach affects TSI’s ability to comply with the service level and/or service level guarantee or if TSI’s underlying service provider suspends the service or any part of it as a result of any such breach; 20.3. through no fault of its own or because of circumstances beyond its reasonable control, TSI is unable to carry out any necessary work at, or gain access to the Customer’s site or the Customer fails to agree an appointment date or planned work is aborted (save at TSI’s request); 20.4. reasonable assistance is required or information is reasonably requested by TSI from the Customer and such assistance or information is not provided or is not provided in a timely fashion; 20.5. through no fault of its own, TSI is unable to obtain any necessary permissions or consents required in connection with the performance of a particular service level or service level guarantee; 20.6. the failure is due to Force Majeure or some other event outside TSI’s reasonable control; 20.7. the failure is due to a planned or emergency service interruption; 20.8. the failure is due to an inaccurate Order Form having been submitted; 20.9. the Customer has failed to implement any reasonable and explicit instructions issued by TSI in relation to the service.
Sample 1

Related to Exclusions from Service Levels and the Service Level Guarantee

  • Service Levels All service level requirements will be set forth in Exhibit A (“XXXX.xxx Referral Service Level Requirements”). Recipient Xxxxxx agrees to adhere, and encourage Recipient Agent’s adherence, with the version of the XXXX.xxx Referral Service Level Requirements in effect at the time XXXX.xxx identifies the Referral to Recipient Broker/Agent.

  • Service Level Agreement 6.1 NCR Voyix will use commercially reasonable efforts to make the Service available to you at or above the Availability Rate set forth at xxxxx://xxx.xxx.xxx/support/aloha-sla. If NCR Voyix does not meet the Availability Rate, you are entitled to request a service-level credit subject to the terms of this Agreement. This credit is calculated as a percentage of the monthly recurring bill (or monthly pro rata share of billing, if billing does not occur monthly) for the Service for the month in which the Availability Rate was not met. The Availability Rate is determined by: (a) dividing the total number of valid outage minutes in a calendar month by the total number of minutes in that month; (b) subtracting that quotient from 1.00; (c) multiplying that difference by 100; and (d) rounding that result to two decimal places in accordance with standard rounding conventions. The number of outage minutes per day for a given service is determined by the lesser of the number of outage minutes. 6.2 Unavailability due to other conditions or caused by factors outside of NCR Voyix’s reasonable control will not be included in the calculation of the Availability Rate. Further, the following are expressly excluded from the calculation of the Availability Rate: (a) service unavailability affecting services or application program interfaces that are not used by you; (b) cases where fail-over to another data center is available but not utilized; (c) transient time-outs, required re-tries, or slower-than-normal response caused by factors outside of NCR Voyix’s reasonable control; (d) Scheduled Downtime, including maintenance and upgrades; (e) force majeure; (f) transmission or communications outages outside the NCR Voyix- controlled environment; (g) store-level down-time caused by factors outside of NCR Voyix’s reasonable control; (h) outages attributable to services, hardware, or software not provided by NCR Voyix, including, but not limited to, issues resulting from inadequate bandwidth or related to third-party software or services; (i) use of the Service in a manner inconsistent with the documentation for the application program interface or the NCR Voyix Product; (j) your Point of Sale (“POS”) failure or the failure to properly maintain the POS environment, including updating the POS firmware or version of the software running on the POS as recommended by either NCR Voyix, a third-party POS reseller or servicer; and (k) issues related to third party domain name system (“DNS”) errors or failures. 6.3 To obtain a service-level credit, you must submit a claim by contacting NCR Voyix through the website at xxxxx://xxx.xxx.xxx/support/aloha-sla Your failure to provide the claim and other information will disqualify you from receiving a credit. NCR Voyix must receive claims within 60 days from the last day of the impacted month. After that date, claims are considered waived and will be refused. You must be in compliance with the Agreement in order to be eligible for a service-level credit. You may not unilaterally offset for any performance or availability issues any amount owed to NCR Voyix. If multiple Services experience an outage in a given month, the total credit for that month will be the highest credit allowed for any single Service which failed; there is no stacking of credits. 6.4 The remedies set forth in the Section are your sole and exclusive remedies for performance or availability issues affecting the Services, including any failure by NCR Voyix to achieve the Availability Rate.

  • Service Level Expectations Without limiting any other requirements of the Agreement, the Service Provider shall meet or exceed the following standards, policies, and guidelines:

  • Service Level Agreements If a Service or a Plan includes a Service Level Agreement (SLA): (a) we are liable for any remedy or rebate specified by the SLA; and (b) subject to clauses 40 to 42, and to the express terms of the SLA, our liability for breach of the SLA is limited to such remedy or rebate.

  • Service Level In the event that League InfoSight discovers or is notified by you of the existence of Non-Scheduled Downtime, we will use commercially reasonable efforts to determine the source of the problem and attempt to resolve it as quickly as possible.

  • Penalties for Non-compliance to Service Level Agreement Where the Supplier/Service Provider fails to deliver the Goods/Services within the agreed and accepted milestone timelines and provided that the cause of the delay was not due to a fault of Transnet, penalties shall be imposed at …………………………………………………… .

  • Service Level Standards In addition to all other requirements in this Agreement, and in accordance with the Best Claims Practices & Estimating Guidelines, Vendor shall use reasonable and good faith efforts to meet the Service Level Standards set forth below.

  • SERVICE LEVEL DESCRIPTION The Fund Accounting Agreement is hereby amended by deleting the Service Level Description attached thereto and replacing it in its entirety with the Service Level Description attached hereto.

  • Switching System Hierarchy and Trunking Requirements For purposes of routing ECI traffic to Verizon, the subtending arrangements between Verizon Tandem Switches and Verizon End Office Switches shall be the same as the Tandem/End Office subtending arrangements Verizon maintains for the routing of its own or other carriers’ traffic (i.e., traffic will be routed to the appropriate Verizon Tandem subtended by the terminating End Office serving the Verizon Customer). For purposes of routing Verizon traffic to ECI, the subtending arrangements between ECI Tandem Switches and ECI End Office Switches shall be the same as the Tandem/End Office subtending arrangements that ECI maintains for the routing of its own or other carriers’ traffic.

  • Service Level Commitment IBM provides the following service level commitment (“SLA”) for the Cloud Service, after IBM makes the Cloud Service available to you.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!