Service Credit Conditions Sample Clauses
Service Credit Conditions. The following conditions apply to Service credits:
a) where a Service credit is available, the credit is Customer’s only remedy in the event of Megaport’s failure to meet the Service Availability target;
b) Service credits are available to Customer, the A-End owner only;
c) Customer must apply for the Service credit by giving Megaport notice of its claim within thirty (30) calendar days of the end of the Charging Period to which the credit applies;
d) the Service credit can only be applied as a credit to Customer’s Megaportal account, and cannot be redeemed for cash;
e) the maximum Service credit available for each Service in a Charging Period will not exceed one- hundred per cent (100%) of the total Recurring Charges for that Charging Period for that Service; and
f) Service credits are not available if Customer has failed to pay charges for the Service when due and payable.
Service Credit Conditions. The following additional conditions apply to service credits: Customer will only receive a single Service Credit if a series of unmet SLA response times arise out of the same Availability, Health Incident, or Other Incident and will receive the highest value Service Credit. The total number of Service Credits may not exceed 50% of the MRC payable for the affected Serviced Device during that month. Service Credits will not be due if the failure to meet SLA response times is due to: A failure by Customer (or entity under Customer’s control) to comply with Customer’s obligations as described herein. The non-performance, default, error, omission or negligence of any entity not under Verizon’s reasonable control (such as, but not limited to, failure of any of Customer’s third party providers of telecommunications services or problems with equipment Customer has provided). The performance of routine maintenance work on Service Equipment or on any of the equipment used to provision Health Monitoring during the applicable Maintenance Window or emergency maintenance. Tests performed or commissioned by or on behalf of Xxxxxxxx. Any Force Majeure Event.
Service Credit Conditions. 5.1. Any Service Credits will take the form of a credit on your monthly invoice in accordance with section 5 above. In no circumstances will we be obliged to pay or transfer any monies to you or make any refund to you, nor will you be entitled to any Service Credit if your Agreement with us has ended (irrespective of when the relevant Service Loss occurred).
5.2. A Service Credit is only applicable if it is determined that we have not met the Service Level for a Service Loss. The Service Level and any Service Credits are not applicable for any maintenance work conducted on our network (including in accordance with the Terms) or for other faults, problems or issues with the Service.
5.3. In determining whether we have met the Service Level for a Service Loss, any periods of time:
(a) where we are waiting for you to provide us with the necessary co-operation required by us or where the issue is with you including, without limitation:
(i) supply of the necessary information,
(ii) waiting for a response from you or waiting for you to complete diagnostic activity that we have asked you to undertake,
(iii) access to Your Property and/or any relevant sites, and
(iv) supply of any necessary power or facilities;
(b) spent by us in trying to contact your relevant and authorised personnel to assist us or to confirm the Service is restored; and
(c) spent in conducting maintenance works in accordance with the Terms, shall not be taken into account.
5.4. During the term of your Agreement with us, you shall not be entitled to more than one Service Credit for each Service Loss, nor shall you be entitled to more than 3 Service Credits in any 12 month period commencing on the date of your first Service Loss.
5.5. You will not be entitled to (nor will we have any liability for) any Service Credit where any of the following circumstances apply (each, an “Excluded Outage”):
a) you have failed to perform or are in breach of any of your obligations under the Agreement (including any payment terms);
Service Credit Conditions. The following conditions apply to Service credits;
a) where a Service credit is available, the credit is Xxxxxxxx’s only remedy in the event of Megaport’s failure to meet the Service Availability Target;
b) Service credits are available to Customer only;
c) Customer must apply for the Service credit by giving Megaport notice of its claim within thirty (30) calendar days of the end of the Charging Period to which the credit applies;
d) Service credits are calculated as a 15% discount off the charges for the Service for the affected month;
e) The Service credit can only be applied as a credit to Customer’s Megaport account, and cannot be redeemed for cash; and
f) Service credits are not available:
Service Credit Conditions. 1.4.1 Customer will only receive a single Service Credit if a series of unmet SLA response times arise out of the same Availability, Health Incident, or Security Event and will receive the highest value Service Credit.
1.4.2 The total number of Service Credits may not exceed 50% of the MRC payable for the affected Serviced Device during that month.
1.4.3 Service Credits will not be due if the failure to meet SLA response times is due to:
Service Credit Conditions. The following conditions apply to Service credits:
a) where a Service credit is available, the credit is Xxxxxxxx’s only remedy in the event of Megaport’s failure to meet the Service Availability target;
b) Service credits are available to Customer, the A-End owner only;
c) Customer must apply for the Service credit by giving Megaport notice of its claim within thirty
Service Credit Conditions. The following conditions apply to Service credits;
a) where a Service credit is available, the credit is Cus failure to meet the Service Availability Target;
b) Service credits are available to Customer only;
c) Customer must apply for the Service credit by giving Megaport notice of its claim within thirty (30) calendar days of the end of the Charging Period to which the credit applies;
d) Service credits are calculated as a 15% discount off the charges for the Service for the affected month;
e) The Service credit can only be applied as a credit to redeemed for cash; and
f) Service credits are not available: