Non-compliance with Service Level Sample Clauses

Non-compliance with Service Level. Should the guaranteed service levels not be complied with, Host Europe GmbH allows the customer a credit note on its customer account as long as the customer has notified Host Europe GmbH of this in written form by letter or fax within one month of the end of the calendar month for which it is requesting the credit note. In principle, this credit note can be requested only after the end of the month affected by the non-compliance. Definitive to timely receipt is the date of posting or receipt of the fax. This matrix shows how high the credit note is on non-compliance with the various availability and latency levels: Guaranteed value of service level as a monthly mean 99.999% 99.995% 99.99% 99.95% 99.9% 10 msec Credit note relative to one monthly rent Availability / Latency < 99.999% < 99.995% < 99.99% < 99.95% < 99.9% > 10 msec 5% < 99.998% < 99.991% < 99.97% < 99.91% < 99.8% > 12 msec 10% < 99.995% < 99.981% < 99.94% < 99.81% < 99.6% > 14 msec 25% < 99.991% < 99.963% < 99.89% < 99.63% < 99.3% > 16 msec 50% < 99.981% < 99.926% < 99.78% < 99.26% < 98.5% > 18 msec 75% < 99.963% < 99.852% < 99.56% < 98.52% < 97.0% > 20 msec 100% The following applies with regard to non-compliance with the service level relating to response times and times to repair: Per half hour of non-compliance with the indicated guarantees, Host Europe GmbH will allow a credit note at the level of one day’s rent (= 1/30 of the monthly rent) for the service concerned. In principle, the maximum level of the credit note amounts per month to 100% of the monthly rent for the service concerned. Further-going claims against Host Europe GmbH, in particular those for compensation of indirect and consequential losses, such as missed profits, business interruption, loss of data and information etc., are possible only within the context of the liability under the General Terms & Conditions of Business of Host Europe GmbH.