Common use of Penalty Clause Clause in Contracts

Penalty Clause. 11.1. If Dyflexis does not meet the response obligations, referred to as the Response and Repair Time, in accordance with article 4 (Priority Levels and Error Handling), Dyflexis will pay a penalty for each hour in which the response or repair is delayed, that is equal to one thirtieth of the monthly amount due for the respective Service. 11.2. If Dyflexis does not comply with one or more of the guarantee stipulations in article 5 (Availability), Dyflexis will pay a penalty for each hour in which the response or repair is delayed, that is equal to one thirtieth of the monthly amount due for the respective Service. 11.3. This penalty clause replaces any damage compensation that the Client may be able to claim for non compliance. 11.4. If the Client observes that a refund is due, it will notify Dyflexis of this in writing and this will be credited on the next invoice. 11.5. If the Client believes that a refund is due whereas this is not forthcoming from Dyflexis, the Client should send a written request to this effect and provide proof if requested. 11.6. Refunds to be paid will never exceed the total of the monthly amount in any month.

Penalty Clause. 11.1. If Dyflexis does not meet the response obligations, referred to as the Response and Repair Time, in accordance with article 4 (Priority Levels and Error Handling), Dyflexis will pay a penalty for each hour in which the response or repair is delayed, that is equal to one thirtieth of the monthly amount due for the respective Service. 11.2. If Dyflexis does not comply with one or more of the guarantee stipulations in article 5 (Availability), Dyflexis will pay a penalty for each hour in which the response or repair is delayed, that is equal to one thirtieth of the monthly amount due for the respective Service. 11.3. This penalty clause replaces any damage compensation that the Client may be able to claim for non compliancenoncompliance. 11.4. If the Client observes that a refund is due, it will notify Dyflexis of this in writing and this will be credited on the next invoice. 11.5. If the Client believes that a refund is due whereas this is not forthcoming from Dyflexis, the Client should send a written request to this effect and provide proof if requested. 11.6. Refunds to be paid will never exceed the total of the monthly amount in any month.