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:
(a) The acts or omissions of Customer, its affiliates or their respective employees, contractors, agents or end users;
(b) The failure or malfunction of equipment, applications, facilities or systems not owned or controlled by Company;
(c) A Force Majeure Event;
(d) Network Normal Maintenance, alternation or implementation;
(e) The unavailability of required Customer personnel, including as a result of failure to provide Company with accurate, current contact information; or
(f) Company’s lack of access to Customer or other premises where reasonably required to restore the Service.
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 will not be issued where this SLA is not met as a result of:
(a) The acts or omissions of Customer, its affiliates or their respective employees, contractors, agents or end users;
(b) The acts or omissions of providers or customers to whom Customer connects, or their respective employees, contractors, agents or end users;
(c) The failure or malfunction of equipment, applications, facilities or systems not owned or controlled by Company;
(d) A Force Majeure Event;
(e) Network Normal Maintenance, alternation or implementation;
(f) The unavailability of required Customer personnel, including as a result of failure to provide Company with accurate, current contact information; or
(g) Company’s lack of access to Customer or other premises where reasonably required to restore Service.
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 send and receive phone calls, and ends when phone calls are able to be sent and received at the demarcation point. Service credits will not be issued where the SLA is not met as a result of:
(a) The acts or omissions of Customer, its affiliates or their respective employees, contractors, agents or end users;
(b) The failure or malfunction of equipment, applications, facilities or systems not owned or controlled by Company;
(c) A Force Majeure Event;
(d) Network Normal Maintenance, alternation or implementation;
(e) The unavailability of required Customer personnel, including as a result of failure to provide Company with accurate, current contact information; or
(f) Company’s lack of access to the Customer or other premises where reasonably required to restore the Service.
Service Credit Exceptions. Service Credits shall not be owed or accrue if:
7.3.1. Licensors failure to meet the uptime, Response Time, or Resolution Time was reasonably related to or caused in whole or in part by Licensee’s delay or failure to:
7.3.1.1. perform any obligations under the Agreement or SLA;
7.3.1.2. promptly notify and adequately inform Licensor of an Incident;
7.3.1.3. timely respond to Licensor inquiries related to Incidents;
7.3.1.4. adequately manage and coordinate Licensee third-parties;
7.3.1.5. achieve and maintain Minimum System Requirements;
7.3.1.6. provide Technical Contacts; or
7.3.2. An Incident is caused in whole or in part by:
7.3.2.1. Licensee’s negligence, abuse, misapplication, or misuse of the Licensed Software;
7.3.2.2. Licensee’s operation, modification, configuration, relocation, damage, installation, or integration of the Licensed Software other than by Licensor without Licensor’s writen permission;
7.3.2.3. Third-Party Materials;
7.3.2.4. A Force Majeure event (including abnormal physical or electrical stress).
7.3.2.5. Licensee created workflows, forms, or reports;
7.3.3. Licensee is utilizing beta software, software that Licensor makes available for testing or demonstration purposes, temporary software modules or software for which Licensor does not receive a license fee;
7.3.4. Licensee breaches or fails to comply with the Agreement or SLA;
7.3.5. There are past-due amounts owed to Licensor by Licensee.
7.3.6. Licensee fails to install any Maintenance Release that Licensor has previously made available to Licensee during at least two prior Planned Downtimes;
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 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 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.
