SERVICE LEVEL AND PERFORMANCE STANDARDS Sample Clauses

SERVICE LEVEL AND PERFORMANCE STANDARDS. In the event there is an outage or interference that does not arise from an Excused Outage (as defined below), resulting in any Service to be unavailable, if Subscriber has a Service Order with Carrier that is for a term other than month to month, Subscriber may be entitled to a Service credit to be applied against Subscriber’s monthly recurring fees for the affected Service (“Service Credit”). The Service Credit shall be based on the cumulative time that the affected Service is unavailable in a given calendar month beginning with the time that Subscriber notifies Carrier of an interference or outage until same has been resolved and the Service is active for the reporting Subscriber. Service Credits shall be as follows: Cumulative Unavailability Service Credit 0 –24 hours No Credit > 25 hours through 48 hours 3% of recurring charge > 49 hours through 72 hours 7% of recurring charge > 73 hours through 96 hours 10% of recurring charge > 97 hours through 120 hours 13% of recurring charge >121 hours through 144 hours 50% of recurring charge >145 hours through 168 hours 100% of recurring charge Upon receipt of Subscriber’s request for Service Credits, which request must include the trouble ticket number assigned to the reported interference or outage, Carrier shall calculate the Service Credits for Subscriber for the month requested and shall apply the Service Credits on Subscriber’s next monthly bill. If Subscriber does not (i) include the trouble ticket number or (ii) request Service Credits within the calendar month that immediately follows the month for which Subscriber is requesting Service Credits, Subscriber waives any rights to such Service Credits. Under no circumstances is a Subscriber receiving Services under a month-to-month term entitled to Service Credits. In the event any Service is unavailable for reasons other than an Excused Outage (i) for more than seventy-two (72) hours on three (3) or more occasions during any one (1) month period, or (ii) for more than seven (7) consecutive days (“Chronic Outage”), then Subscriber may, in addition to its ability to receive Service Credits should it request same in the time provided, terminate such Service upon written notification to Carrier without further obligation or liability to Carrier, except for outstanding monthly recurring charges that are owed for Services previously provided. No Service Credits are available nor may any other remedies be exercised for an Excused Outage, which is: • Regularly sc...
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SERVICE LEVEL AND PERFORMANCE STANDARDS. If there is a report of an outage or interruption, and it is determined that the Carrier’s network is open and fully functional, Carrier shall notify the Subscriber that the remote diagnostics show that the problem is not in or with the Carrier’s network and is presumptively within the confines of the location to which the trouble report relates (e.g., the Subscriber’s network). In such instances, Carrier shall not open a trouble ticket, and resolution of the issue giving rise to the trouble report shall be the Subscriber’s responsibility. However, if Subscriber wishes to proceed with a service call when the Carrier’s network appears to be functional, then Carrier will proceed in troubleshooting the issue further. If the issue is determined to be related to the Subscriber’s equipment, then Carrier may bill Subscriber for a service call at its current standard rates. If the issue is revealed to be Carrier network related, then Subscriber will not be billed. Response and Cure Times: Depending upon the type of outage or interference and how many customers it may be affecting; Carrier will respond to an outage or interruption in accordance with the following: Xxxxxxx will respond by electronic mail or phone call to a trouble report for which a trouble ticket is opened within 12 hours after receipt of notification of the trouble ticket being entered. Xxxxxxx will attempt to cure the issue(s) identified in the trouble report within 48 hours after initial entry of the trouble ticket, provided that if such issues cannot reasonably be cured within such period, Carrier shall commence the cure of such issues within such period and thereafter diligently and expeditiously proceed to cure the same as soon thereafter as reasonably possible. Any trouble report received after 5:00 pm will be considered as being received at 8:00 am on the following day. Carrier will maintain and provide Subscriber with instructions on how to contact Xxxxxxx’s Customer Service Center, which will include a Call Center located within the geographical borders of the United States, and which will be available by means of a toll-free number 24 hours per day, 7 days per week, 365 days per year to receive Subscriber’s Service calls and provide Subscriber support as requested.
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SERVICE LEVEL AND PERFORMANCE STANDARDS. Except as may otherwise be expressly provided in this Agreement, Citi Commerce will maintain and perform its obligations in compliance with the Service Level and Performance Standards in respect of the Private Label Program in accordance with Attachment D throughout the Term of this Agreement. The performance of Citi Commerce against the Service Level and Performance Standards will be reported by Citi Commerce to Zale on a monthly basis (no later than 30 days after the end of each month provided the data is available) during the Term of this Agreement. The Service Level Standards may, from time to time, be revised upon the mutual agreement of the Parties.
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Related to SERVICE LEVEL AND PERFORMANCE STANDARDS

  • Performance Standards The Contractor agrees to perform all tasks and provide deliverables as set forth in the Contract. The Department and the Customer will be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof.

  • Service Levels Annex 1 to this Part A of this Contract Schedule 6 sets out the Service Levels the performance of which the Parties have agreed to measure. The Supplier shall monitor its performance of this Contract by reference to the relevant performance criteria for achieving the Service Levels shown in Annex 1 to this Part A of this Contract Schedule 6 (the “Service Level Performance Criteria”) and shall send the Customer a Performance Monitoring Report detailing the level of service which was achieved in accordance with the provisions of Part B (Performance Monitoring) of this Contract Schedule 6. The Supplier shall, at all times, provide the Goods and/or Services in such a manner that the Service Levels Performance Measures are achieved. If the level of performance of the Supplier of any element of the provision by it of the Goods and/or Services during the Contract Period: is likely to or fails to meet any Service Level Performance Measure or is likely to cause or causes a Critical Service Failure to occur, the Supplier shall immediately notify the Customer in writing and the Customer, in its absolute discretion and without prejudice to any other of its rights howsoever arising including under Clause 13 of this Contract (Service Levels and Service Credits), may: require the Supplier to immediately take all remedial action that is reasonable to mitigate the impact on the Customer and to rectify or prevent a Service Level Failure or Critical Service Level Failure from taking place or recurring; and if the action taken under paragraph (a) above has not already prevented or remedied the Service Level Failure or Critical Service Level Failure, the Customer shall be entitled to instruct the Supplier to comply with the Rectification Plan Process; or if a Service Level Failure has occurred, deduct from the Contract Charges the applicable Service Level Credits payable by the Supplier to the Customer in accordance with the calculation formula set out in Annex 1 of this Part A of this Contract Schedule 6; or if a Critical Service Level Failure has occurred, exercise its right to Compensation for Critical Service Level Failure in accordance with Clause 14 of this Contract (Critical Service Level Failure) (including subject, for the avoidance of doubt, the proviso in Clause 14.2.2 of this Contract in relation to Material Breach). Approval and implementation by the Customer of any Rectification Plan shall not relieve the Supplier of any continuing responsibility to achieve the Service Levels, or remedy any failure to do so, and no estoppels or waiver shall arise from any such Approval and/or implementation by the Customer. SERVICE CREDITS Annex 1 to this Part A of this Contract Schedule 6 sets out the formula used to calculate a Service Credit payable to the Customer as a result of a Service Level Failure in a given service period which, for the purpose of this Contract Schedule 6, shall be a recurrent period of [one Month] during the Contract Period (the “Service Period”). Annex 1 to this Part A of this Contract Schedule 6 includes details of each Service Credit available to each Service Level Performance Criterion if the applicable Service Level Performance Measure is not met by the Supplier. The Customer shall use the Performance Monitoring Reports supplied by the Supplier under Part B (Performance Monitoring) of this Contract Schedule 6 to verify the calculation and accuracy of the Service Credits, if any, applicable to each relevant Service Period. Service Credits are a reduction of the amounts payable in respect of the Goods and/or Services and do not include VAT. The Supplier shall set-off the value of any Service Credits against the appropriate invoice in accordance with calculation formula in Annex 1 of Part A of this Contract Schedule 6.

  • Service Level Agreement Subject to the terms and conditions of this Agreement, Bank agrees to perform the custody services provided for under this Agreement in a manner that meets or exceeds any service levels as may be agreed upon by the parties from time to time in a written document that is executed by both parties on or after the date of this Agreement, unless that written document specifically states that it is not contractually binding. For the avoidance of doubt, Bank’s Service Directory shall not be deemed to be such a written document.

  • Performance Standard Contractor shall perform all work hereunder in a manner consistent with the level of competency and standard of care normally observed by a person practicing in Contractor's profession. County has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement. Contractor hereby agrees to provide all services under this Agreement in accordance with generally accepted professional practices and standards of care, as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of Contractor’s work by County shall not operate as a waiver or release. If County determines that any of Contractor's work is not in accordance with such level of competency and standard of care, County, in its sole discretion, shall have the right to do any or all of the following: (a) require Contractor to meet with County to review the quality of the work and resolve matters of concern; (b) require Contractor to repeat the work at no additional charge until it is satisfactory; (c) terminate this Agreement pursuant to the provisions of Article 4; or (d) pursue any and all other remedies at law or in equity.

  • Time for Performance 1.1. The term of this SOW Agreement shall begin on and end on (the “Initial Term”). The Initial Term may be extended as the parties may agree. The State may terminate this SOW for convenience upon thirty days prior written notice to the Contractor. If the Master Agreement should expire or otherwise terminate prior to the end of the term of this SOW Agreement, this SOW Agreement shall continue to the end of its existing term, unless or until terminated in accordance with the terms of this SOW Agreement, and the Parties acknowledge and agree that the terms of the Master Agreement shall survive and apply to this SOW Agreement.

  • Excused Performance 6.1 Notwithstanding the occurrence of a Force Majeure Event, in which case Clause 17 will govern, BT will not be liable for any failure or delay to perform any of its obligations under this Agreement (including any of its obligations to meet any Service Levels) to the extent that BT’s failure or delay in performing arises as a result of:

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