Service Credit Exceptions. Network Outage Time is measured from the time a Trouble Ticket is opened with Customer Care, at the toll free number 0-000-000-0000, as a result of Customer’s inability to transmit and receive data, and ends when the connection is able to be sent and receive data. Service credits will not be issued where the SLA is not met as a result of:
Service Credit Exceptions. Service credits will not be issued where the SLA is not met as set forth in Section 1.4 of our Exhibit B Service Level agreement.
Service Credit Exceptions. For each commitment set forth in this Section 13, service credits shall not be available to Customer in cases where (1) the Service is unavailable as a result of (a) the acts or omissions of Customer or its employees, contractors, agents or end-users; (b) the failure, malfunction, or limitation of throughput of equipment, network, software, applications or systems not owned or directly controlled by ViaWest (including third-party products and services that may be included in the Services); (c) circumstances or causes beyond the control of ViaWest, including, without limitation, events of force majeure and third-party attacks on the ViaWest Network (such as ping and denial of service attacks); (d) scheduled maintenance with prior notice posted at xxxxxxxxx.xxxxxxx.xxx, which URL is subject to change upon prior notice; or (e) urgent maintenance with notice provided as soon as is commercially practicable under the circumstances or (2) Customer is not in compliance with its applicable ViaWest Service Agreement (including ViaWest’s then-current Acceptable Use Policy and Data Center Rules). Such credits shall be granted only if Customer provides ViaWest with all requested information in an expeditious manner and affords ViaWest full and free access to Customer’s premises and equipment to make necessary repairs, maintenance, testing, etc.
Service Credit Exceptions. Service credits will not be issued when the Subscription Services are unavailable as a result of the following “Excluded Outages”: (a) Scheduled Maintenance, (b) interruptions caused by the negligence, error or omission of Customer or other users of the Customer’s Subscription Services, (c) Customer’s applications, equipment, or facilities, including the Customer Facilities and Customer’s connection to the Internet, (d) acts or omissions of Customer, or any misuse of the Subscription Services, (e) reasons of Force Majeure (as defined in Section 15.15 of the Agreement), (f) interruptions arising from Customer’s use of the Subscription Services in an unauthorized or unlawful manner or in violation of this Agreement, (g) interruptions arising from a Supplier disconnect for non-payment or an interruption due to improper or inaccurate network specifications provided by Customer, (h) interruptions during any period when Customer or other user has released the Subscription Services to Supplier for maintenance or rearrangement purposes, or for the installation of a Customer service order, and/or (i) interruptions during any period when Customer elects not to release the Subscription Services for testing and/or repair and continues to use the Subscription Services on an impaired basis.
Service Credit Exceptions. Service credits shall not be issued where the Service is unavailable as a result of: (i) the acts or omissions of Customer, its employees, contractors or agents or its end users; (ii) Off-Net Services (as defined above); (iii) Force Majeure events; or (iv) implementation, service maintenance, alteration/improper configuration of the Platform by Customer, its employees, contractors or agents or its end users.
Service Credit Exceptions. Service credits shall not be issued where the Service is unavailable as a result of (i) the acts or omissions of the Customer, its employees, contractors or agents or its End Users; (ii) the failure or malfunction of equipment, applications or systems not owned or controlled by OneVoice, OneVoice’s underlying carrier, or GSP; (iii) Force Majeure; or (iv) schedule service maintenance, alteration, or implementation. No credits will be granted pursuant to the Reporting SLA unless Customer provides OneVoice with accurate, current contact information, including a valid pager number, fax number or email address.
Service Credit Exceptions. Service credits will not be available in cases where a SLA goal is not met as a result of (i) the acts or omissions of Customer, its employees, contractors or agents or Customer’s Users; (ii) the failure or malfunction of equipment, applications or systems not owned or controlled by TDN or its partners, (iii) circumstances or causes beyond the control of TDN or its partners, including Customer planning and or forecasting issues that adversely impact the Service and instances of Force Majeure, or (iv) scheduled service maintenance, alteration, or implementation or (v) Service impacting changes or modifications of the PSTN and/or LEC networks.
Service Credit Exceptions. Service credits will not be available in cases where the Average Network Delay exceeds the Network Delay Goal as a result of (i) the negligence, acts or omissions of Customer, its employees, contractors or agents or its end users; (ii) the failure or malfunction of equipment, applications or systems not owned or controlled by Qwest, (iii) circumstances or causes beyond the control of Qwest, including instances of Force Majeure, or (iv) scheduled service maintenance, alteration, or implementation. Such credits will be granted only if Customer affords Qwest full and free access to Customer's premises and equipment to make necessary repairs, maintenance, testing, etc. REPORTING LEVEL GOAL --------------------- REPORTING LEVEL GOAL. Qwest's goal is to report service interruptions within 10 minutes or less after Qwest's determination that the Customer's Services are unavailable. DEFINITION AND PROCESS. If Qwest determines that the Services are unavailable (i.e. router is unable to transmit and/or receive data), Qwest will contact Customer within 10 minutes, via an agreed upon method. In connection with Qwest's obligations to contact Customer, Customer must provide a valid pager number, fax number or email address. Customer is solely responsible for providing accurate contact information for customer's designated point of contact.
Service Credit Exceptions. This SLA applies to DC-Net Service and equipment only. If at any time Customer is in default under this agreement, then Customer will not be entitled to Service Credits. DC-Net will not be responsible for, and will not issue Service credits for, any failure by DC-Net to meet a Service level commitment for any outage that, as determined by DC-Net in its reasonable judgment, results from downtime due to: Customer-initiated changes whether implemented by Customer or a vendor on behalf of Customer Customer exceeding system capacity Viruses Customer failure to adhere to DC-Net’s change management process and procedures Acts or omissions of Customer, its employees, agents, third party contractors or vendors, or anyone gaining access to DC-Net’s network through Customer site Any failures in DC-Net network equipment at Customer site due to Customer inadequately maintaining HVAC/environmental conditions at the site A “force majeure” event or any event or condition not wholly within the control of DC- Net The negligence or willful misconduct of Customer or others authorized by Customer to use the DC-Net Services Any Preventive or Corrective Maintenance previously scheduled with Customer that may result in a short term outage Any failures that cannot be corrected because Customer is inaccessible 6 Premise Access and Environmentals Customer will ensure unencumbered access to DC-Net and its contracted personnel while performing Preventive and Corrective Maintenance and any other operation required for network repair or Service restoration.
Service Credit Exceptions. This SLA will not apply, and Customer will not be entitled to receive a credit or exercise a termination right under this SLA, for any event that adversely impacts the Service that is caused by: (a) the acts of omissions of Customer, its employees, contractors or agents or its end users; (b) the failure or malfunction of equipment, applications or systems not owned or controlled by CenturyLink or its International Service Providers; (c) Force Majeure Events; (d) scheduled service maintenance, alteration or implementation; (e) the unavailability of required Customer personnel, including as a result of failure to provide CenturyLink with accurate, current contact information; (f) CenturyLink’s lack of access to the Customer premises where reasonable required to restore the Service;
