Service Availability Credits. Service Availability credits are determined in accordance with the following guidelines (a) any outage greater than thirty (30) minutes = one (1) day credit of Service Charges and (b) any outage continuing for greater than sixty (60) minutes = one (1) days credit of Service Charges per sixty (60) minutes period.
Service Availability Credits. Service availability credits apply only to Customers whose Virtual Machines are hosted on CloudShare’s equipment; they are not available for Customers who are using a public Cloud provider. Service availability will be calculated in accordance with the Service Level Terms. If during any calendar month, availability falls below 99.9% and Customer has made a timely claim in accordance with the Service Level Terms, Cloudshare will provide Customer with a service credit in accordance with the applicable Service Credit % set forth below. The service credit shall be calculated against the Total fees paid by Customer for the Service. The “Monthly Fee” is determined by dividing the Total fees for the Service by the number of months in the applicable Subscription Agreement, or any subsequent renewals and new service.
Service Availability Credits. If, during the Term, the Actual Uptime Percentage is, during any calendar month, lower than 99.5%, then Linkfluence will give Customer a credit or refund with respect to the Fees paid by Customer for that month calculated as follows: Application Availability = (Total Hours in Reporting Period – Unscheduled Maintenance – Scheduled Maintenance – Excluded) / (Total Hours in Reporting Period – Scheduled Maintenance – Excluded) X 100%. All claims will be verified against Linkfluence’s system records. Should any periods of downtime submitted by Customer be disputed, Linkfluence will provide to Customer a record of service availability for the period in question. Linkfluence will only provide records of system availability in response to good faith Customer claims. Notwithstanding the above, should Linkfluence fail to achieve at least 95% general availability over any calendar quarter, Customer shall have the option to terminate the Services for cause, in which case Linkfluence will refund to Customer any prepaid fees for the remainder of the Term after the effective date of termination. Because social media content is published to constantly evolving social media platforms, from time-to-time social media platform vendors make changes that can break interfaces or change look-and-feel in unacceptable ways. While Linkfluence cannot be held responsible for these issues, Linkfluence will nonetheless use best efforts to respond and try resolving public API issues. The Linkfluence Platform is designed to be fault-tolerant: each service has built-in redundancy and Data storage is distributed. All Data is replicated at least once in real time. All Data is available to Customer via the Linkfluence Platform (Radarly software) throughout the Term of the Services. Customer Data is divided into two parts: (i) configuration data and (ii) collected and tagged Data. Configuration data will be backed up on a daily basis. Linkfluence shall maintain and store the last seven (7) daily backups, as well as the backup from the first days of the last four (4) weeks. The full archive of collected and tagged Data will be backed up on a weekly basis. Linkfluence shall maintain and store the last four (4) weekly backups. Backups will be stored in a different location than the production environment. Customer may request Linkfluence to recover Data from an available backup. Such request relating to the recovery of Data is referred to as a "Recovery Request". Recovery will be completed once t...
Service Availability Credits. Customer will be entitled to a credit based on the Table 4.1 of the applicable MRC for the applicable month for all affected implementations.
Service Availability Credits. Elemica will provide Client a Service Availability Credit for each Default Month, if any, during the term of the Service/Order Form. Client’s right to receive Service Availability Credits is, and shall be, Client’s sole and exclusive remedy for Elemica’s failure to achieve the service levels. The following definitions apply:
Service Availability Credits. If Service Availability falls below the applicable target, then you will be entitled to claim Service Credits as set out below: From 1 to 24 hours Unavailability beyond Target Clearance Time, rounded up to the next whole hour. 1% of monthly recurring charge for affected Customer Premises per hour. 1.5% of monthly recurring charge for affected Customer Premises per hour. Beyond 24 hours Unavailability beyond Target Clearance Time. 25% of monthly recurring charge for affected Customer Premises. 50% of monthly recurring charge for affected Customer Premises.
Service Availability Credits. If Orbitz fails to meet the Monthly System Availability after the Service Level Period commences, Orbitz will credit AA a prorated amount of the Fixed License and Hosting Fee and/or the ITA Hosting Fee, as the case may be, ("Hosting Credit"), calculated as follows: AA will be entitled to receive a credit equal to (i) [***] percent ([***]%) of the applicable monthly Fixed License and Hosting Fee for each [***] percent ([***]%) the Service Level falls below the Monthly System Availability Commitment for the Orbitz Software, and (ii) [***] percent ([***]%) of the applicable monthly ITA Hosting Fee for each [***] percent ([***]%) the Service Level falls below the Monthly System Availability Commitment for the ITA Software. The applicable annual Fixed License and Hosting Fee will be divided by twelve to determine the applicable monthly Fixed License and Hosting Fee. Such Hosting Credits may be deducted from the invoice for the next installment of the annual Fixed License and Hosting Fee or the ITA Hosting Fee or, if there is no subsequent installment due, Orbitz will refund to AA the amount of such Hosting Credits that have not been applied to invoices, subject to the limitation set forth in Section C(2) of this Exhibit F.
Service Availability Credits. If Orbitz fails to meet the Monthly System Availability after the Service Level Period commences, Orbitz will credit AA a prorated amount of the Fixed License and Hosting Fee ("Hosting Credit"), calculated as follows: AA will be entitled to receive a credit equal to [***]percent ([***]%) of the applicable monthly Fixed License and Hosting Fee for each [***] percent ([***]%) the Service Level falls below the Monthly System Availability Commitment. The applicable annual Fixed License and Hosting Fee will be divided by twelve to determine the applicable monthly Fixed License and Hosting Fee. Such Hosting Credits may be deducted from the invoice for the next installment of the annual Fixed License and Hosting Fee or, if there is no subsequent installment due, Orbitz will refund to AA the amount of such Hosting Credits that have not been applied to invoices, subject to the limitation set forth in Section C(2) of this Exhibit F.
Service Availability Credits. If Service Availability measured for any completed calendar month is below the Service Goal, subject to the terms contained in this SLA and the Vendor SLAs, Customer shall be entitled to a credit (“Service Availability Credit”).
Service Availability Credits. In the event of a failure by Denovo to meet the Service Availability Objectives for Cloud Services as set forth in this SOW, as Client’s sole and exclusive remedy, at Client’s request, Denovo shall provide Service Level Credits in accordance with the following:
i. First month of missed availability or response time: The Parties shall meet to discuss possible corrective actions.
ii. Second consecutive month: 5% of the charges for the applicable month for the affected Cloud Service
iii. Third consecutive month: 10% of the charges for the applicable month for the affected Cloud Service
iv. Fourth consecutive month: 15% of the charges for the applicable month for the affected Cloud Service
v. Fifth consecutive month: 20% of the charges for the applicable month for the affected Cloud Service
vi. Sixth consecutive month: 25% of the charges for the applicable month for the affected Cloud Service
vii. More than six consecutive months: Client shall have the option to terminate the SOW and upon such termination Client shall receive a refund of all prepaid and unearned Cloud Services fees. Service Level Credits shall be deducted from subsequent invoices for subscription fees or other fees or, upon expiration or termination of the Agreement, paid to Client directly. Service Level Credits as outlined above shall be Denovo’s sole liability and Client’s exclusive remedy for failure to meet any Service Level Objective. Following the end of each calendar month, Denovo measures the Service Availability for the immediately preceding month as defined in this SOW. Denovo will provide Client with access notifications via the Customer Care Portal. This portal will provide metrics on system availability for Cloud Services purchased under this SOW. Upon the Client’s reasonable request, the Client will have the right to receive (i) reasonably detailed existing Denovo Service Level reports and measurement data from Denovo and (ii) additional Service Level data and reports, such as the Client may define and Denovo has available.
