Common use of Service Availability Credit Clause in Contracts

Service Availability Credit. Subject to Your valid submission of a Service Availability Credit request and the other conditions herein, if Service Availability under Your Account for any calendar month is below 99.999%, Company will issue a credit (“Service Availability Credit”) in accordance with the following schedule: 99.0% to 99.999% 3% of monthly fee credited 98.0% to 98.99% 5% of monthly fee credited 95.0% to 97.99% 10% of monthly fee credited 90.0% to 94.9% 25% of monthly fee credited 89.9% or below 2.5% credited for every 1% of lost availability up to the maximum total penalty limit If the subscription period for an affected Service is less than one (1) calendar month, the Service Availability Credit will be adjusted on a pro rata basis. To request a Service Availability Credit, (a) Your Account must be in good standing with Company, (b) You must open a technical support ticket in the administrative control panel reporting an apparent Service interruption within seventy-two (72) hours of the event, and (c) You must send an email or written Service Availability Credit request to the billing department in the month immediately following the month for which You are requesting a Service Availability Credit. Service Availability Credit requests must include Your Account name or Account number and the dates and specific times for which You are requesting Service Availability Credits. Company will compare information provided by You to the data referenced in Section 2.2 above. A Service Availability Credit will be issued only if Company confirms from such data that a Service Availability Credit is available. Company will calculate the Service Availability Credit based on the type of particular Service for which Service Availability was below the prescribed level, the fees for the particular Service, and the percentage of overall individual Exchange mailboxes or other units adversely affected. For example, if the Service Availability Credit pertains to the Service Availability of two (2) Exchange mailboxes out of two hundred (200) Exchange mailboxes purchased, the Service Availability Credit would be calculated as one percent (1%) times the monthly fee for the Exchange mailboxes times the percentage of the monthly fee credited.

Service Availability Credit. Subject to Your valid submission of a Service Availability Credit request and the other conditions herein, if Service Availability under Your Account for any calendar month is below 99.999%, Company Intermedia will issue a credit (“Service Availability Credit”) in accordance with the following schedule: 99.0% to 99.999% 3% of monthly fee credited 98.0% to 98.99% 5% of monthly fee credited 95.0% to 97.99% 10% of monthly fee credited 90.0% to 94.9% 25% of monthly fee credited 89.9% or below 2.5% credited for every 1% of lost availability up to the maximum total penalty limit If the subscription period for an affected Service is less than one (1) calendar month, the Service Availability Credit will be adjusted on a pro rata basis. To request a Service Availability Credit, (a) Your Account must be in good standing with CompanyIntermedia, (b) You must open a technical support ticket in the administrative control panel reporting an apparent Service interruption within seventy-two (72) hours of the event, and (c) You must send an email or written Service Availability Credit request to the billing department at xxxxxxx@xxxxxxxxxx.xx.xx in the month immediately following the month for which You are requesting a Service Availability Credit. Service Availability Credit requests must include Your Account name or Account number and the dates and specific times for which You are requesting Service Availability Credits. Company Intermedia will compare information provided by You to the data referenced in Section 2.2 above. A Service Availability Credit will be issued only if Company Intermedia confirms from such data that a Service Availability Credit is available. Company Intermedia will calculate the Service Availability Credit based on the type of particular Service for which Service Availability was below the prescribed level, the fees for the particular Service, and the percentage of overall individual Exchange mailboxes or other units adversely affected. For example, if the Service Availability Credit pertains to the Service Availability of two (2) Exchange mailboxes out of two hundred (200) Exchange mailboxes purchased, the Service Availability Credit would be calculated as one percent (1%) times the monthly fee for the Exchange mailboxes times the percentage of the monthly fee credited.

Service Availability Credit. Subject to Your your valid submission of a Service Availability Credit request and the other conditions herein, if Service Availability under Your your Account for any calendar month is below 99.99999%, Company will issue a credit (“Service Availability Credit”) in accordance with the following schedule: Service Availability Amount of the refund as a percentage ofmonthly fee for affected Service 99.0% to 99.999% 30% of monthly fee credited 98.0% to 98.99% 5% of monthly fee credited 95.0% to 97.99% 10% of monthly fee credited 90.0% to 94.9% 2515% of monthly fee credited 89.9% or below 2.5% credited for every 1% of lost availability up to the maximum total penalty limit limit a.) If the subscription period for an affected Service is less than one (1) calendar month, the Service Availability Credit will be adjusted on a pro rata basis. To request a Service Availability Credit, (a) Your Account your account must be in good standing with CompanyTAT, Inc., (b) You must open a technical support ticket in the administrative control panel emailing xxxxxxx@xxx-xxx.xxx reporting an apparent Service interruption within seventy-two (72) hours of the event, and (c) You YOU must send an email or written Service Availability Credit request to the billing department at xxxxxxxxxx@xxx-xxx.xxx in the month immediately following the month for which You YOU are requesting a Service Availability Credit. Service Availability Credit requests must include Your your Account name or Account number and the dates and specific times for which You YOU are requesting Service Availability Credits. . b.) Company will compare information provided by You YOU to the data referenced in Section 2.2 above. A Service Availability Credit will be issued only if Company confirms from such data that a Service Availability Credit is available. c.) Company will calculate the Service Availability Credit based on the type of particular Service for which Service Availability was below the prescribed level, the fees for the particular Service, and the percentage of overall individual Exchange mailboxes or other units adversely affected. For example, if the Service Availability Credit pertains to the Service Availability of two (2) Exchange mailboxes out of two hundred (200) Exchange mailboxes purchased, the Service Availability Credit would be calculated as one percent (1%) times the monthly fee for the Exchange mailboxes times the percentage of the monthly fee credited.

Service Availability Credit. Subject to Your valid submission of a Service Availability Credit request and the other conditions herein, if Service Availability under Your Account for any calendar month is below 99.999%, Company Techtivity will issue a credit (“Service Availability Credit”) in accordance with the following schedule: 99.0% to 99.999% 3% of monthly fee credited 98.0% to 98.99% 5% of monthly fee credited 95.0% to 97.99% 10% of monthly fee credited 90.0% to 94.9% 25% of monthly fee credited 89.9% or below 2.5% credited for every 1% of lost availability up to the maximum total penalty limit If the subscription period for an affected Service is less than one (1) calendar month, the Service Availability Credit will be adjusted on a pro rata basis. To request a Service Availability Credit, (a) Your Account must be in good standing with CompanyTechtivity, (b) You must open a technical support ticket in the administrative control panel reporting an apparent Service interruption within seventy-two (72) hours of the event, and (c) You must send an email or written Service Availability Credit request to the billing department in the month immediately following the month for which You are requesting a Service Availability Credit. Service Availability Credit requests must include Your Account name or Account number and the dates and specific times for which You are requesting Service Availability Credits. Company Techtivity will compare information provided by You to the data referenced in Section 2.2 above. A Service Availability Credit will be issued only if Company Techtivity confirms from such data that a Service Availability Credit is available. Company Techtivity will calculate the Service Availability Credit based on the type of particular Service for which Service Availability was below the prescribed level, the fees for the particular Service, and the percentage of overall individual Exchange mailboxes or other units adversely affected. For example, if the Service Availability Credit pertains to the Service Availability of two (2) Exchange mailboxes out of two hundred (200) Exchange mailboxes purchased, the Service Availability Credit would be calculated as one percent (1%) times the monthly fee for the Exchange mailboxes times the percentage of the monthly fee credited.

Service Availability Credit. Subject to Your valid submission of a Service Availability Credit request and the other conditions herein, if Service Availability under Your Account for any calendar month is below 99.999%, Company Intermedia will issue a credit (“Service Availability Credit”) in accordance with the following schedule: 99.0% to 99.999% 3% of monthly fee credited 98.0% to 98.99% 5% of monthly fee credited 95.0% to 97.99% 10% of monthly fee credited 90.0% to 94.9% 25% of monthly fee credited 89.9% or below 2.5% credited for every 1% of lost availability up to the maximum total penalty limit If the subscription period for an affected Service is less than one (1) calendar month, the Service Availability Credit will be adjusted on a pro rata basis. To request a Service Availability Credit, (a) Your Account must be in good standing with CompanyIntermedia, (b) You must open a technical support ticket in the administrative control panel reporting an apparent Service interruption within seventy-two seventy-­two (72) hours of the event, and (c) You must send an email or written Service Availability Credit request to the billing department at xxxxxxx@xxxxxxxxxx.xxx in the month immediately following the month for which You are requesting a Service Availability Credit. Service Availability Credit requests must include Your Account name or Account number and the dates and specific times for which You are requesting Service Availability Credits. Company Intermedia will compare information provided by You to the data referenced in Section 2.2 above. A Service Availability Credit will be issued only if Company Intermedia confirms from such data that a Service Availability Credit is available. Company Intermedia will calculate the Service Availability Credit based on the type of particular Service for which Service Availability was below the prescribed level, the fees for the particular Service, and the percentage of overall individual Exchange mailboxes or other units adversely affected. For example, if the Service Availability Credit pertains to the Service Availability of two (2) Exchange mailboxes out of two hundred (200) Exchange mailboxes purchased, the Service Availability Credit would be calculated as one percent (1%) times the monthly fee for the Exchange mailboxes times the percentage of the monthly fee credited.

Service Availability Credit. Subject to Your Client valid submission of a Service Availability Credit request and the other conditions herein, if Service Availability under Your Client Account for any calendar month is below 99.999%, Company CODEBLUE TECHNOLOGY will issue a credit (“Service Availability Credit”) in accordance with the following schedule: 99.0% to 99.999% 3% of monthly fee credited 98.0% to 98.99% 5% of monthly fee credited 95.0% to 97.99% 10% of monthly fee credited 90.0% to 94.9% 25% of monthly fee credited 89.9% or below 2.5% credited for every 1% of lost availability up to the maximum total penalty limit If the subscription period for an affected Service is less than one (1) calendar month, then the Service Availability Credit will be adjusted on a pro rata basis. To request a Service Availability Credit, (a) Your Client Account must be in good standing with CompanyCODEBLUE TECHNOLOGY, (b) You Client must open a technical support ticket in the administrative control panel reporting an apparent Service interruption within seventy-two (72) 72 hours of the event, and (c) You Client must send an email or written Service Availability Credit request to the billing department Billing Department at CODEBLUE TECHNOLOGY Billing Contact in the month immediately following the month for which You Client are requesting a Service Availability Credit. Service Availability Credit requests must include Your Client Account name or Account number and the dates and specific times for which You Client are requesting Service Availability Credits. Company CODEBLUE TECHNOLOGY will compare information provided by You Client to the data referenced in Section 2.2 above. A Service Availability Credit will be issued only if Company CODEBLUE TECHNOLOGY confirms from such data that a Service Availability Credit is available. Company CODEBLUE TECHNOLOGY will calculate the Service Availability Credit based on the type of particular Service for which Service Availability was below the prescribed level, the fees for the particular Service, Service and the percentage of overall individual Exchange mailboxes or other units adversely affected. For example, if the Service Availability Credit pertains to the Service Availability of two (2) Exchange mailboxes out of two hundred (200) 200 Exchange mailboxes purchased, the Service Availability Credit would be calculated as one percent (1%) times % x the monthly fee for the Exchange mailboxes times x the percentage % of the monthly fee credited.

Service Availability Credit. Subject to Your your valid submission of a Service Availability Credit request and the other conditions herein, if Service Availability under Your Account for any calendar month is below 99.999%, Company will issue a credit (“Service Availability Credit”) in accordance with the following schedule: 99.0% to 99.99999.9% 32% of monthly fee credited 98.0% to 98.99% 5% of monthly fee credited 95.0% to 97.99% 10% of monthly fee credited 90.0% to 94.9% 2520% of monthly fee credited 89.9% or below 2.5% credited for every 1% of lost availability up to the maximum total penalty limit If the subscription period for an affected Service is less than one (1) calendar month, then the Service Availability Credit will be adjusted on a pro rata basis. To request a Service Availability Credit, (a) Your Account must be in good standing with Company, (b) You must open a technical support ticket in the administrative control panel reporting an apparent Service interruption within seventy-two (72) 72 hours of the event, and (c) You must send an email or written Service Availability Credit request to the billing department Billing Department in the month immediately following the month for which You are requesting a Service Availability Credit. Service Availability Credit requests must include Your Account name or Account number and the dates and specific times for which You are requesting Service Availability Credits. Company will compare information provided by You to the data referenced in Section 2.2 above. A Service Availability Credit will be issued only if Company confirms from such data that a Service Availability Credit is available. Company will calculate the Service Availability Credit based on the type of particular Service for which Service Availability was below the prescribed level, the fees for the particular Service, Service and the percentage of overall individual Exchange mailboxes or other units adversely affected. For example, if the Service Availability Credit pertains to the Service Availability of two (2) Exchange mailboxes out of two hundred (200) 200 Exchange mailboxes purchased, the Service Availability Credit would be calculated as one percent (1%) times % x the monthly fee for the Exchange mailboxes times x the percentage % of the monthly fee credited.

Service Availability Credit. Subject to Your valid submission of a Service Availability Credit request and the other conditions herein, if Service Availability under Your Account for any calendar month is below 99.999%, Company Hi-Tex Solutions LLC will issue a credit (“Service Availability Credit”) in accordance with the following schedule: 99.0% to 99.999% 3% of monthly fee credited 98.0% to 98.99% 5% of monthly fee credited 95.0% to 97.99% 10% of monthly fee credited 90.0% to 94.9% 25% of monthly fee credited 89.9% or below 2.5% credited for every 1% of lost availability up to the maximum total penalty limit If the subscription period for an affected Service is less than one (1) calendar month, the Service Availability Credit will be adjusted on a pro rata basis. To request a Service Availability Credit, (a) Your Account must be in good standing with CompanyHi-Tex Solutions LLC, (b) You must open a technical support ticket in the administrative control panel reporting an apparent Service interruption within seventy-two (72) hours of the event, and (c) You must send an email or written Service Availability Credit request to the billing department in the month immediately following the month for which You are requesting a Service Availability Credit. Service Availability Credit requests must include Your Account name or Account number and the dates and specific times for which You are requesting Service Availability Credits. Company Hi-Tex Solutions LLC will compare information provided by You to the data referenced in Section 2.2 above. A Service Availability Credit will be issued only if Company Hi-Tex Solutions LLC confirms from such data that a Service Availability Credit is available. Company Hi-Tex Solutions LLC will calculate the Service Availability Credit based on the type of particular Service for which Service Availability was below the prescribed level, the fees for the particular Service, and the percentage of overall individual Exchange mailboxes or other units adversely affected. For example, if the Service Availability Credit pertains to the Service Availability of two (2) Exchange mailboxes out of two hundred (200) Exchange mailboxes purchased, the Service Availability Credit would be calculated as one percent (1%) times the monthly fee for the Exchange mailboxes times the percentage of the monthly fee credited.

Service Availability Credit. Subject to Your valid submission of a Service Availability Credit request and the other conditions herein, if Service Availability under Your Account for any calendar month is below 99.999%, Company Xband Enterprises will issue a credit (“Service Availability Credit”) in accordance with the following schedule: 99.0% to 99.999% 3% of monthly fee credited 98.0% to 98.99% 5% of monthly fee credited 95.0% to 97.99% 10% of monthly fee credited 90.0% to 94.9% 25% of monthly fee credited 89.9% or below 2.5% credited for every 1% of lost availability up to the maximum total penalty limit If the subscription period for an affected Service is less than one (1) calendar month, the Service Availability Credit will be adjusted on a pro rata basis. 1. To request a Service Availability Credit, (a) Your Account must be in good standing with CompanyXband Enterprises, (b) You must open a technical support ticket in the administrative control panel reporting an apparent Service interruption within seventy-two seventy‐two (72) hours of the event, and (c) You must send an email or written Service Availability Credit request to the billing department at xxxxxxx@xxxxxxxxxxxxxxxx.xxx in the month immediately following the month for which You are requesting a Service Availability Credit. Service Availability Credit requests must include Your Account name or Account number and the dates and specific times for which You are requesting Service Availability Credits. 2. Company Xband Enterprises will compare information provided by You to the data referenced in Section 2.2 above. A Service Availability Credit will be issued only if Company Xband Enterprises confirms from such data that a Service Availability Credit is available. 3. Company Xband Enterprises will calculate the Service Availability Credit based on the type of particular Service for which Service Availability was below the prescribed level, the fees for the particular Service, and the percentage of overall individual Exchange mailboxes or other units adversely affected. For example, if the Service Availability Credit pertains to the Service Availability of two (2) Exchange mailboxes out of two hundred (200) Exchange mailboxes purchased, the Service Availability Credit would be calculated as one percent (1%) times the monthly fee for the Exchange mailboxes times the percentage of the monthly fee credited.

Service Availability Credit. Subject to Your valid submission of a Service Availability Credit request and the other conditions herein, if Service Availability under Your Account for any calendar month is below 99.999%, Company Intermedia will issue a credit (“Service Availability Credit”) in accordance with the following schedule: 99.0% to 99.999% 3% of monthly fee credited 98.0% to 98.99% 5% of monthly fee credited 95.0% to 97.99% 10% of monthly fee credited 90.0% to 94.9% 25% of monthly fee credited 89.9% or below 2.5% credited for every 1% of lost availability up to the maximum total penalty limit If the subscription period for an affected Service is less than one (1) calendar month, the Service Availability Credit will be adjusted on a pro rata basis. To request a Service Availability Credit, (a) Your Account must be in good standing with CompanyIntermedia, (b) You must open a technical support ticket in the administrative control panel reporting an apparent Service interruption within seventy-two (72) hours of the event, and (c) You must send an email or written Service Availability Credit request to the billing department at xxxxxxx@xxxxxxxxxx.xxx in the month immediately following the month for which You are requesting a Service Availability Credit. Service Availability Credit requests must include Your Account name or Account number and the dates and specific times for which You are requesting Service Availability Credits. Company Intermedia will compare information provided by You to the data referenced in Section 2.2 above. A Service Availability Credit will be issued only if Company Intermedia confirms from such data that a Service Availability Credit is available. Company Intermedia will calculate the Service Availability Credit based on the type of particular Service for which Service Availability was below the prescribed level, the fees for the particular Service, and the percentage of overall individual Exchange mailboxes or other units adversely affected. For example, if the Service Availability Credit pertains to the Service Availability of two (2) Exchange mailboxes out of two hundred (200) Exchange mailboxes purchased, the Service Availability Credit would be calculated as one percent (1%) times the monthly fee for the Exchange mailboxes times the percentage of the monthly fee credited.

Service Availability Credit. Subject to Your your valid submission of a Service Availability Credit request and the other conditions herein, if Service Availability under Your an End User Account for any calendar month is below 99.999%, Company Intermedia will issue a credit (“Service Availability Credit”) in accordance with the following schedule: 99.0% to 99.999% 3% of the End User's monthly fee credited 98.0% to 98.99% 5% of the End User's monthly fee credited 95.0% to 97.99% 10% of the End User's monthly fee credited 90.0% to 94.9% 25% of the End User's monthly fee credited 89.9% or below 2.5% of the End User's monthly fee credited for every 1% of lost availability Service Availability up to the maximum total penalty credit limit set out in section 4.1 If the subscription period for an affected Service is less than one (1) calendar month, then the Service Availability Credit will be adjusted on a pro rata basis. To request a Service Availability Credit, (a) Your the End User Account must be in good standing with CompanyIntermedia, (b) You the End User must open have opened a technical support ticket in the administrative control panel reporting an apparent Service interruption within seventy-two (72) 72 hours of the event, and (c) You the End User must send have sent an email or written Service Availability Credit request to the billing department Your Billing Department in the month immediately following the month for which You are the End User is requesting a Service Availability CreditCredit and You must, in turn, have forwarded such email or written request to Intermedia within one business day. Service Availability Credit requests must include Your the End User Account name or Account number and the dates and specific times for which You are the End User is requesting Service Availability Credits. Company Intermedia will compare information provided by You the End User to the data referenced in Section 2.2 above. A Service Availability Credit will be issued only if Company Intermedia confirms from such data that a Service Availability Credit is available. Company Intermedia will calculate the Service Availability Credit based on the type of particular Service for which Service Availability was below the prescribed level, the fees for the particular Service, Service and the percentage of overall individual Exchange mailboxes or other units adversely affected. For example, if the Service Availability Credit pertains to the Service Availability of two (2) Exchange mailboxes out of two hundred (200) 200 Exchange mailboxes purchased, the Service Availability Credit would be calculated as one percent (1%) times % x the End User's monthly fee for the Exchange mailboxes times x the percentage % of the End User's monthly fee credited.

Service Availability Credit. Subject to Your valid submission of a Service Availability Credit request and the other conditions herein, if If Service Availability under Your Account for any calendar month is monthly billing cycle falls below 99.999%the level set forth above Section 3, Company will issue a credit (“Service Availability Credit”) in accordance with the following schedule: 99.0% ). The credits will be verified for validity and will be subject to 99.999% 3% of monthly fee credited 98.0% to 98.99% 5% of monthly fee credited 95.0% to 97.99% 10% of monthly fee credited 90.0% to 94.9% 25% of monthly fee credited 89.9% or below 2.5% credited for every 1% of lost availability up to the maximum total penalty limit If the subscription period for an affected Service is less than one (1) calendar month, the other conditions herein. The Service Availability Credit will be adjusted on a pro rata basiscalculated at rates specified within the schedule set forth below. Service Availability Credit Request and Payment Procedures. To request a Service Availability Credit, (a) Your Account must be in good standing with Company, (b) You must open a technical support ticket in the administrative control panel reporting an apparent Cloud Voice Service interruption within seventy-two (72) hours of the event, and (c) You must send an email or written Service Availability Credit request to the billing department in the month immediately following the month for which You are requesting a Service Availability Credit. Service Availability Credit requests must include Your Account name or Account number and the dates and specific times for which You are requesting Service Availability Credits. Company will compare information provided by You to the data referenced in Section 2.2 3 above. A Service Availability Credit will be issued only if Company confirms from such data that a Service Availability Credit is available. Company will calculate the Service Availability Credit based on the type of particular Cloud Voice Service for which Service Availability was below the prescribed level, the fees for the particular Service, Cloud Voice Service and the percentage of overall individual Exchange mailboxes or other units adversely Cloud Voice Service affected. For exampleService Availability Credit Calculation; Limits on Service Availability Credit; Sole and Exclusive Remedy. Subject to Your valid submission of a Service Availability Credit request and the other conditions herein, if Service Availability under Your Account for any calendar month is below 99.999%, Company will issue a credit in accordance with the following schedule: Service Availability Amount of the credit as a percentage of monthly fee for affected Cloud Voice Service 99.0% to 99.999% 3% of monthly fee credited 98.0% to 98.99% 5% of monthly fee credited 95.0% to 97.99% 10% of monthly fee credited 90.0% to 94.9% 25% of monthly fee credited 89.9% or below 2.5% credited for every 1% of lost availability up to the maximum total penalty limit. Limit may not exceed 50% of the monthly fees charged for use of the affected Cloud Voice Service during the month for which the Service Availability Credit pertains is to be issued. The total Service Availability Credit due to You for any Cloud Voice Services affected may not exceed fifty percent (50%) of the monthly fees charged for use of the affected Cloud Voice Service during the month for which the Service Availability Credit is to be issued, unless the amount to be credited is less than one dollar ($1.00), in which case the credit amount will be one dollar ($1.00). Only one (1) Service Availability Credit is available in any given calendar month. Credits are applicable only toward use of two (2) Exchange mailboxes out the affected Cloud Voice Service and are not convertible into cash or any type of two hundred (200) Exchange mailboxes purchasedrefund. Notwithstanding anything set forth in the MSA or this SLA, the Service Availability Credit would described in this Section 4 of this SLA will be calculated Your sole and exclusive remedy in connection with any loss of Service Availability as one percent (1%) times the monthly fee for the Exchange mailboxes times the percentage described in such section or breach by Company of the monthly fee creditedthis SLA.