Service Availability and Performance Sample Clauses

Service Availability and Performance. The Service Availability “Uptime” will generally be equal to or greater than 99.7% in each calendar month and the Service will perform in substantial conformance with the Product Specifications (“Service Level”), except for Excluded Downtime, where “Uptime” = (Total MinutesUnplanned Downtime – Excluded Downtime) / (Total Minutes – Excluded Downtime) x 100.
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Service Availability and Performance. The Service you select may not be available in all areas or at the rates, speeds, or bandwidth generally marketed, and some locations will not qualify for the Service even if initial testing showed that your line was qualified. We will provision qualified Basic Internet lines at the maximum line rate available to your location based on our standard line qualification procedures, unless you have selected a level of service with a lower maximum line rate. You understand that fiber and DSL bandwidth is provided on a per line basis, and that the speed and bandwidth available to each computer or device connected to the network will vary depending upon the number and types of computers or devices using the Service and the type of use (e.g. streaming media or downloading larger files), as well as based on network congestion and the speed of servers you access on the Internet, among other factors. The speed of the Service will vary based on network or Internet congestion, your computer configuration, your use of Fios TV video on demand service, if applicable, the condition of your telephone line and the wiring inside your location, among other factors. We and our suppliers reserve the right, at any time, with or without prior notice to you, to restrict or suspend the Service to perform maintenance activities and to maintain session control.
Service Availability and Performance. The Service you select may not be available in all areas or at the rates, speeds, or bandw idth generally marketed, and some locations w ill not qualify for the Service even if initial testing show ed that your line w as qualified. We w ill provision qualified Basic Internet lines at the maximum line rate available to your location based on our standard line qualification procedures, unless you have selected a level of service w ith a low er maximum line rate. You understand that fiber and DSL bandw idth is provided on a per line basis, and that the speed and bandw idth available to each computer or device connected to the netw ork w ill vary depending upon the number and types of computers or devices using the Service and the type of use (e.g. streaming media or dow nloading larger files), as w ell as based on netw ork congestion and the speed of servers you access on the Internet, among other factors. The speed of the Service w ill vary based on netw ork or Internet congestion, your computer configuration, your use of Fios TV video on demand service, if applicable, the condition of your telephone line and the w iring inside your location, among other factors. We and our suppliers reserve the right, at any time, w ith or w ithout prior notice to you, to restrict or suspend the Service to perform maintenance activities and to maintain session control.
Service Availability and Performance. The Service availability “Uptime” will generally be equal to or greater than 99.7% in each calendar month and the Service will perform in substantial conformance with the Product Specifications (“Service Level”), except for Excluded Downtime, where “Uptime” = (Total MinutesUnplanned Downtime – Excluded Downtime) / (Total Minutes – Excluded Downtime) x 100. In the event MK Partners does not meet the Uptime service levels set forth in Service Availability and Performance during any calendar month. Customer shall be entitled to a service credit equal to the Credit Percentage multiplied by the fees paid by Customer during the month in which the service level was not met. The Credit Percentage is determined as follows: Availability Credit Percentage Less than 99.9% but at least 99.7% none Less than 99.7 % 15% To obtain a credit, Customer will report the Unplanned Downtime to xxxxxxx@xxxxxxxxxx.xxx and cooperate with MK Partners’ efforts to verify the Downtime is exclusive to Mambo Merge and not Customer’s Salesforce application.. In addition to the above. Customer may terminate this Agreement upon written notice to MK Partners if (i) either of the Uptime Service Level is not met in any three consecutive calendar months; or (ii) the Response Time Service Levels are not met more than four times in any two consecutive calendar months.
Service Availability and Performance. Yantra shall use all reasonable endeavours to make available to the Client at all times the Server and the other Services, but Yantra shall not, in any event, be liable for interruptions of Service or downtime of the Server, or any losses associated with such interruptions. The Client acknowledges and agrees that Yantra cannot guarantee the absence of service interruptions caused by Acts of God or other circumstances beyond Yantra’s control, including, but not limited to, telecommunications problems. Yantra shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days the Client will be notified of the reason. The Client acknowledges that Yantra will not be held responsible for the appearance or operation of any website pages within any version or type of Web Browser software. All websites designed by Yantra will be optimised for viewing in Microsoft Internet Explorer, Netscape Navigator, Firefox, Mozilla and Safari. The Client accepts that certain features of their site may not work, or may not be visible, or may look different, depending on the functionality of the hardware and software used to view the site. The Services provided to the Client hereunder and the Client’s account with Yantra cannot be transferred or used by anyone other than the Client. No more than one login session under any one account may be used at any time by the Client. If the Client has multiple accounts, the Client is limited to one login session per system account at any time; user programs may be run only during login sessions. If the Client’s account is found to have been transferred to another party, or shows other activity in breach of this sub clause, Yantra shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
Service Availability and Performance. You understand and acknowledge that internet broadband service is provided on a per line basis, and that the speed and bandwidth available to each computer or device connected to the network will vary depending upon the number and types of computers or devices using the Service and the type of use (e.g. streaming media or downloading larger files), as well as based on network congestion and the speed of servers you access on the internet, among other factors. The speed of the Service will vary based on network or internet congestion, the type, condition, and configuration of your computer or other device, your use of television service, if applicable, and the wiring inside at your location, among other factors. We and our suppliers reserve the right, at any time, with or without prior notice to you, to restrict or suspend the Service to perform maintenance activities and to maintain session control.

Related to Service Availability and Performance

  • DELIVERY AND PERFORMANCE All work performed under contracts or task orders will be at the highest quality applicable and delivered according to Statement of Objectives (SOO), Statement of Works (SOW), or Performance Work Statements (PWS). The Contractor must deliver and perform according to the requirements of the contract or task order, and may be denied further work for substandard performance. The Government may include deliveries or performance requirements, such as (1) optional clauses, (2) agency clauses, or (3) specific clauses, in a contract or task order.

  • Payment and Performance Bonds The Contractor shall comply with the following minimum bonding requirements:

  • Continued Performance The Contractor and Contractor Parties shall continue to Perform their obligations under the Contract while any dispute concerning the Contract is being resolved.

  • Assignment and Performance Neither this Agreement nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the other party. CITY may terminate this Agreement, effective immediately, if there is any assignment, or attempted assignment, transfer, or encumbrance, by CONTRACTOR of this Agreement or any right or interest herein without CITY's written consent. CONTRACTOR represents that each person who will render services pursuant to this Agreement is duly qualified to perform such services by all appropriate governmental authorities, where required, and that each such person is reasonably experienced and skilled in the area(s) for which he or she will render his or her services. CONTRACTOR shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of CONTRACTOR’s performance and all interim and final product(s) provided to or on behalf of CITY shall be comparable to the best local and national standards.

  • Excused Performance 6.1 Notwithstanding the occurrence of a Force Majeure Event, in which case Clause 17 will govern, BT will not be liable for any failure or delay to perform any of its obligations under this Agreement (including any of its obligations to meet any Service Levels) to the extent that BT’s failure or delay in performing arises as a result of:

  • Bid and Performance Security The Contractor hereby and herewith deposits with and delivers to the Minister, as security of the due fulfilment of the Contract, one of the following, which shall remain in effect for a minimum of 30 days after tender closing:

  • Monitoring of Contract Performance The Contractor shall comply with the monitoring arrangements set out in the Monitoring Schedule including, but not limited to, providing such data and information as the Contractor may be required to produce under the Contract.

  • Continuing Contract Performance Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13, the Design-Builder shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Documents.

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