Service Credit Claims. 6.1. This SLA represents our entire obligation to you for any period during which the SLA is breached. We shall not be liable to you or to any representative claiming through you for any direct, indirect, consequential or incidental damages or losses or expenses whatsoever, including but not limited to, loss of profits or business and irrespective of whether the claim arises in contract, tort (including negligence), or otherwise in respect of any breach of the SLA. 6.2. Service credits shall be calculated by reference to the records held by us, which shall be conclusive evidence of the level of the Fibre BB with LTE Backup Service provided by us. 6.3. We shall not be liable for any service credit in any case where you do not present the claim for service credit to us within thirty (30) business days after the date on which the SLA is not met and after the end of twelfth (12th) month from the successful activation of the Fibre BB with LTE Backup Service, whichever is later. For the purposes of calculating the amount of service credit, the MRC is deemed to cover 30 calendar days or 720 hours. 6.4. To present a claim, you must email us at xxxxxxxx.xxxxx.xx@xxxxxxxxxx.xxx, addressed to your respective Account Manager and provide; 6.4.1. Your name and contact information 6.4.2. Brief description of the characteristic of the service credit 6.4.3. Evidential data clearly indicating the measurement of the breached SLA 6.4.4. Total service credit claimable 6.5. We will provide written or email confirmation if your claim to service credit is approved or rejected and specify the basis for rejection. We may, as determined by us, set off the amount of service credit against your next xxxx or set off all or part of the service credit amount against any outstanding charges you owe. Under no circumstances will we be obligated to make any refund to you by way of cash payment. 6.6. You shall not be entitled to any compensation under this SLA for a breach in the SLA due to, but not limited to, the following: 6.6.1. fault caused by or arising from your and/or any third party’s network, system, equipment, hardware, software, your and/or third party’s acts and/or omissions; 6.6.2. failure in public network facilities to which the Fibre BB with LTE Backup Service may be connected; 6.6.3. any Equipment directly connected to your local area network which connects to the Fibre BB with LTE Backup Service; 6.6.4. planned outages in our network which we have given advance notice to you; 6.6.5. the inability of, or delay caused to our staff and/or agents in accessing or working on your premises due to the premises being inaccessible, in unsafe working conditions or in any other inadequate or deficient state; 6.6.6. the inability of, or delay caused to our staff and/or agents in accessing or working on the circuit(s) for any reason whatsoever, including but not limited to the lack of co-operation of your staff and/or agents to make available the Fibre BB with LTE Backup Service for maintenance; 6.6.7. outages or disruptions not reported by you to us; 6.6.8. anything beyond our commercially reasonable control, including the matters beyond our control as set out in the Agreement between us for the provision of the Fibre BB with LTE Backup Service (i.e. force majeure events); 6.6.9. faults, interruption or disruption of the network or equipment of other service providers; 6.6.10. your request for us to conduct any test on the circuit(s); and/or 6.6.11. disconnection and/or reconnection of the circuit(s) due to non-payment of any charges payable to us or where the circuit(s) is disconnected by reason of it being used for any illegal or unlawful purpose or otherwise in breach of your obligations. 6.7. In the event of a dispute with regard to your qualification to make a service credit claim or as to the quantum of the claim payable to you, our decision on the matter or issue shall be final. 6.8. This SLA may be withdrawn or amended by us given thirty (30) calendar days’ notice period without assigning any reasons therefore and without being liable to you in damages or otherwise, except that any rebates accrued and due to you under this SLA as at the date of such amendment or withdrawal will be paid by us to you.
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Service Credit Claims. 6.18.1. This SLA represents our entire obligation to you for any period during which the SLA is breached. We shall not be liable to you or to any representative claiming through you for any direct, indirect, consequential or incidental damages or losses or expenses whatsoever, including but not limited to, loss of profits or business and irrespective of whether the claim arises in contract, tort (including negligence), or otherwise in respect of any breach of the SLA.
6.28.2. Service credits shall be calculated by reference to the records held by us, which shall be conclusive evidence of the level of the Fibre BB with LTE Backup DIA Service provided by us.
6.38.3. We shall not be liable for any service credit in any case where you do not present the claim for service credit to us within thirty (30) business days after the date on which the SLA is not met and after the end of twelfth (12th) month from the successful activation of the Fibre BB with LTE Backup DIA Service, whichever is later. For the purposes of calculating the amount of service credit, the MRC is deemed to cover 30 calendar days or 720 hours.
6.48.4. To present a claim, you must email us at xxxxxxxx.xxxxx.xx@xxxxxxxxxx.xxx, addressed to your respective Account Manager and provide;
6.4.18.4.1. Your name and contact information
6.4.28.4.2. Brief description of the characteristic of the service credit
6.4.38.4.3. Evidential data clearly indicating the measurement of the breached SLA
6.4.48.4.4. Total service credit claimable
6.58.5. We will provide written or email confirmation if your claim to service credit is approved or rejected and specify the basis for rejection. We may, as determined by us, set off the amount of service credit against your next xxxx or set off all or part of the service credit amount against any outstanding charges you owe. Under no circumstances will we be obligated to make any refund to you by way of cash payment.
6.68.6. You shall not be entitled to any compensation under this SLA for a breach in the SLA due to, but not limited to, the following:
6.6.18.6.1. fault caused by or arising from your and/or any third party’s network, system, equipment, hardware, software, your and/or third party’s acts and/or omissions;
6.6.28.6.2. failure in public network facilities to which the Fibre BB with LTE Backup DIA Service may be connected;
6.6.38.6.3. any Equipment directly connected to your local area network which connects to the Fibre BB with LTE Backup DIA Service;
6.6.48.6.4. planned outages in our network which we have given advance notice to you;
6.6.58.6.5. the inability of, or delay caused to our staff and/or agents in accessing or working on your premises due to the premises being inaccessible, in unsafe working conditions or in any other inadequate or deficient state;
6.6.68.6.6. the inability of, or delay caused to our staff and/or agents in accessing or working on the circuit(s) for any reason whatsoever, including but not limited to the lack of co-operation of your staff and/or agents to make available the Fibre BB with LTE Backup DIA Service for maintenance;
6.6.78.6.7. outages or disruptions not reported by you to us;
6.6.88.6.8. anything beyond our commercially reasonable control, including the matters beyond our control as set out in the Agreement between us for the provision of the Fibre BB with LTE Backup DIA Service (i.e. force majeure events);
6.6.98.6.9. faults, interruption or disruption of the network or equipment of other service providers;
6.6.108.6.10. your request for us to conduct any test on the circuit(s); and/or
6.6.118.6.11. disconnection and/or reconnection of the circuit(s) due to non-payment of any charges payable to us or where the circuit(s) is disconnected by reason of it being used for any a ny illegal or unlawful purpose or otherwise in breach of your obligations.
6.78.7. In the event of a dispute with regard to your qualification to make a service credit claim or as to the quantum of the claim payable to you, our decision on the matter or issue shall be final.
6.88.8. This SLA may be withdrawn or amended by us given thirty (30) calendar days’ notice period without assigning any reasons therefore and without being liable to you in damages or otherwise, except that any rebates accrued and due to you under this SLA as at the date of such amendment or withdrawal will be paid by us to you.
Appears in 1 contract
Samples: Service Level Agreement
Service Credit Claims. 6.18.1. This SLA represents our entire obligation to you for any period during which the SLA is breached. We shall not be liable to you or to any representative claiming through you for any direct, indirect, consequential or incidental damages or losses or expenses whatsoever, including but not limited to, loss of profits or business and irrespective of whether the claim arises in contract, tort (including negligence), or otherwise in respect of any breach of the SLA.
6.28.2. Service credits shall be calculated by reference to the records held by us, which shall be conclusive evidence of the level of the Fibre BB with LTE Backup DIA Service provided by us.
6.38.3. We shall not be liable for any service credit in any case where you do not present the claim for service credit to us within thirty (30) business days after the date on which the SLA is not met and after the end of twelfth (12th) month from the successful activation of the Fibre BB with LTE Backup DIA Service, whichever is later. For the purposes of calculating the amount of service credit, the MRC is deemed to cover 30 calendar days or 720 hours.
6.48.4. To present a claim, you must email us at xxxxxxxx.xxxxx.xx@xxxxxxxxxx.xxx, addressed to your respective Account Manager and provide;
6.4.18.4.1. Your name and contact information
6.4.28.4.2. Brief description of the characteristic of the service credit
6.4.38.4.3. Evidential data clearly indicating the measurement of the breached SLA
6.4.48.4.4. Total service credit claimable
6.58.5. We will provide written or email confirmation if your claim to service credit is approved or rejected and specify the basis for rejection. We may, as determined by us, set off the amount of service credit against your next xxxx or set off all or part of the service credit amount against any outstanding charges you owe. Under no circumstances will we be obligated to make any refund to you by way of cash payment.
6.68.6. You shall not be entitled to any compensation under this SLA for a breach in the SLA due to, but not limited to, the following:
6.6.18.6.1. fault caused by or arising from your and/or any third party’s network, system, equipment, hardware, software, your and/or third party’s acts and/or omissions;
6.6.28.6.2. failure in public network facilities to which the Fibre BB with LTE Backup DIA Service may be connected;
6.6.38.6.3. any Equipment directly connected to your local area network which connects to the Fibre BB with LTE Backup DIA Service;
6.6.48.6.4. planned outages in our network which we have given advance notice to you;
6.6.58.6.5. the inability of, or delay caused to our staff and/or agents in accessing or working on your premises due to the premises being inaccessible, in unsafe working conditions or in any other inadequate or deficient state;
6.6.68.6.6. the inability of, or delay caused to our staff and/or agents in accessing or working on the circuit(s) for any reason whatsoever, including but not limited to the lack of co-operation of your staff and/or agents to make available the Fibre BB with LTE Backup DIA Service for maintenance;
6.6.78.6.7. outages or disruptions not reported by you to us;
6.6.88.6.8. anything beyond our commercially reasonable control, including the matters beyond our control as set out in the Agreement between us for the provision of the Fibre BB with LTE Backup DIA Service (i.e. force majeure events);
6.6.98.6.9. faults, interruption or disruption of the network or equipment of other service providers;
6.6.108.6.10. your request for us to conduct any test on the circuit(s); and/or
6.6.118.6.11. disconnection and/or reconnection of the circuit(s) due to non-payment of any charges payable to us or where the circuit(s) is disconnected by reason of it being used for any illegal or unlawful purpose or otherwise in breach of your obligations.
6.78.7. In the event of a dispute with regard to your qualification to make a service credit claim or as to the quantum of the claim payable to you, our decision on the matter or issue shall be final.
6.88.8. This SLA may be withdrawn or amended by us given thirty (30) calendar days’ notice period without assigning any reasons therefore and without being liable to you in damages or otherwise, except that any rebates accrued and due to you under this SLA as at the date of such amendment or withdrawal will be paid by us to you.
Appears in 1 contract
Samples: Service Level Agreement
