KPI CREDIT. 4.1. KPI CREDIT APPLICATION RULES PeopleDoc shall be liable to Customer under the following conditions: - KPI credits will only be incurred in case of failure to comply with one of the above KPIs, exclusively attributable to PeopleDoc; - The right to claim a KPI credit will be time-barred if the claim is not made by Customer, in writing (including by e-mail) within: (i) for the Unavailability of the PeopleDoc Application, 30 calendar days from the last day of the calendar month for which the Availability Rate Target was not met and (ii) for the Incident Time Resolution, 30 calendar days from the closing of the ticket; - KPI credits will be paid by credit note, in the month of the issuance of the next invoice to Customer; - KPI credits are Customer’s sole and exclusive remedies with respect to the failure of meeting the KPI’s stated herein and provided that PeopleDoc remains obligated to provide the Service as otherwise described in this Agreement; - No KPI credits will be payable with regards to the first three (3) months of a new product functionality. Under no circumstances shall the total KPI credits under this Agreement, for a given operational month, exceed twenty percent (20%) of the total Recurring fee paid or payable by Customer for that month.
KPI CREDIT. The parties acknowledge that the aggregate amount of KPI Credits payable by the Operator to TfNSW with respect to all KPI Defaults calculated in a Calendar Month must not exceed the At Risk Amount for KPI Credits set out in paragraph 5.2 multiplied by the Base Service Fee (Credit Cap).
