Service Level Credits. If Verint does not meet the Uptime Percentage levels specified below, Customer will be entitled, upon written request, to a service level credit (“Service Level Credit”) to be calculated, with respect to the applicable Hosted Environment, as follows: • If Uptime Percentage is at least 99.95% of the month’s minutes, no Service Level Credits are provided; or • If Uptime Percentage is 99.75% to 99.94% (inclusive) of the month’s minutes, Customer will be eligible for a credit of 5% of a monthly average fee derived from one-twelfth (1/12th) of the then-current annual fee paid to Verint; or • If Uptime Percentage is 99.50% to 99.74% (inclusive) of the month’s minutes, Customer will be eligible for a credit of 7.5% of a monthly average fee derived from one-twelfth (1/12th) of the then-current annual fee paid to Verint; or • If Uptime Percentage is less than 99.50% of the month’s minutes, Customer will be eligible for a credit of 10.0% of a monthly average fee derived from one-twelfth (1/12th) of the then-current annual fee paid to Verint. Customer shall only be eligible to request Service Level Credits if Customer notifies Verint in writing within thirty (30) days from the end of the month for which Service Level Credits are due. All claims will be verified against Verint’s system records. In the event after such notification Verint determines that Service Level Credits are not due, or that different Service Level Credits are due, Verint shall notify Customer in writing on that finding. With respect to any Services Level credits due under Orders placed directly by Customer on Verint, Service Level Credits will be applied to the next invoice following Customer’s request and Verint’s confirmation of available credits; with respect to any Service Level Credits due for SaaS Services under Orders placed on Verint by a Verint authorized reseller on Customer’s behalf, Service Level Credits will be issued by such reseller following Customer’s request and Verint’s confirmation of available credits and such Services Level Credits may only be used by Customer with respect to subsequent purchases of Verint offerings through that reseller. Service Level Credits shall be Customer’s sole and exclusive remedy in the event of any failure to meet the Service Levels. Verint will only provide records of system availability in response to Customer’s good faith claims.
Service Level Credits. In the event of a Service Level Default, the Service Provider shall provide DIR credits as defined below:
1. Attachment 3-A sets forth the information required to calculate the Service Level Credit in the event of a Service Level Default. For each Service Level Default, the Service Provider shall pay to DIR, subject to Section 6 below, a Service Level Credit that will be computed in accordance with the following formula: A = The Allocation of the Pool Percentage specified for the Performance Category in which the Service Level Default occurred as shown in Attachment 3-A. B = The Service Level Credit Allocation Percentage for which the Service Level Default occurred as shown in Attachment 3-A. For example, assume that the Service Provider fails to meet the Service Level for a Critical Service Level, the Service Provider's Service Level Invoice Amount for the month in which the Service Level Default occurred was $100,000 and that the At Risk Amount is 10% of these charges. Additionally, assume that the Allocation of Pool Percentage for the Performance Category of such Critical Service Level is 50% and that its Service Level Credit Allocation Percentage is 40%. The Service Level Credit due to DIR for such Service Level Default would be computed as follows: A = 50% (the Allocation of Pool Percentage) multiplied by B = 40% (the Service Level Credit Allocation Percentage) multiplied by C = $10,000 (ten percent (10%)) of $100,000, the Service Provider's corresponding Service Level Invoice Amount) = $2,000 (the amount of the Service Level Credit)
2. Subject to Item 3, if more than one Service Level Default has occurred in a single month, the sum of the corresponding Service Level Credits shall be credited to DIR.
3. In no event shall the amount of Service Level Credits credited to DIR with respect to all Service Level Defaults occurring in a single month exceed, in total, the At-Risk Amount.
4. The Service Provider shall notify DIR in writing if DIR becomes entitled to a Service Level Credit, which notice shall be included in the standard monthly reporting for Critical Service Levels and Key Measurements as described in Section 3 above.
5. The total amount of Service Level Credits that the Service Provider will be obligated to pay to DIR, with respect to Service Level Defaults occurring each month, shall be credited on the invoice for the month following the month during which the Service Level Default(s) giving rise to such credit(s) occurred. For example, the am...
Service Level Credits. If vendor fails to provide the Services in accordance with the applicable Service Levels for any reason, except for Force Majeure Events (as defined in the Agreement), vendor will incur Service level Credits identified in and according to the schedule set forth in Attachment E-1 and/or Attachment E-2, provided that Vendor may earn back such Service level credits as provided under the provisions of Attachment E-1 and/or Attachment E-1, as the case may be. The Service Level credits will not limit Prudential's right to recover, in accordance with the terms of this Engagement Schedule, any other damages to which it may be entitled with respect to such failure to provide the Services in accordance with the Service Levels.
Service Level Credits. Upon the occurrence of any Service Level Failure, Company shall pay to Saint Luke’s the credits specified in Schedule 1 attached hereto (each a “Service Level Credit”). Under no circumstances shall the imposition of Service Level Credits be construed as Saint Luke’s sole or exclusive remedy for any failure to meet the Service Levels. Company acknowledges and agrees that the Service Level Credits shall not be deemed or construed to be liquidated damages. In cases where the Service Level Credits are expressed as a percentage, the percentage represents a percentage of the monthly fees due hereunder. Company acknowledges and agrees that any Service Level Credits assessed pursuant to this Exhibit D shall be payable to Saint Luke’s upon demand and may, at Saint Luke’s option, be set off against any monies due to Company under this Agreement and are reasonable under the circumstances existing as of the date this Agreement is entered into.
Service Level Credits. Upon the occurrence of any Service Level Failure, Vendor shall issue to the State of Iowa a credit in the amount set forth in Section 5 (Service Levels) (“Service Level Credit”). If more than one (1) Service Level Failure has occurred in a single month, the sum of the corresponding Service Level Credits shall be credited to the State of Iowa. In no event will the aggregate of all Service Level Credits arising as a result of failures by Vendor to perform its Support Services obligations in any month exceed 25% of the amount of the Support Services fees otherwise payable for the most recent three (3) month period except for instances of Service Level Credits associated failures on “Critical” and “High” Resolution Time service levels which will not exceed 100% of the amount of the said Support Services fees. Vendor shall notify the State of Iowa in writing if the State of Iowa becomes entitled to a Service Level Credit, which notice shall be included in the monthly performance reports as described in this Exhibit. The total amount of Service Level Credits that Vendor will be obligated to pay to the State of Iowa, with respect to Service Level Failure(s) occurring each month shall be reflected on the invoice issued in the second month following the month during which the Service Level Failure(s) giving rise to such Service Level Credit(s) occurred. Notwithstanding the foregoing, the calculation of such Service Level Credit(s) shall be based on the credit amounts in effect, and the Support Services fees for, the month during which the Service Level Failure occurred. For example, the amount of Service Level Credits payable with respect to Service Level Failures occurring in August shall be set forth in the invoice issued in October, but shall be calculated using August data. In the event the State of Iowa prepays for any Services more than one month in advance, Vendor will issue refunds or credits to the State of Iowa at the State’s sole discretion, within __ days of the end of the month in which the Service Level Failure occurred.
Service Level Credits. Supplier acknowledges and agrees that any credits assessed under the Service Level Agreement: (a) is a reasonable estimate of and compensation for the anticipated or actual harm to the University that may arise from not meeting the Availability Requirement, which would be impossible or very difficult to accurately estimate; and (b) may, at the University’s option, be credited or set off against any Fees or other charges payable to Supplier under this Agreement or be payable to the University upon demand. Credits may not exceed the total amount of Fees that would be payable for the relevant service period in which the credits are assessed.
Service Level Credits. If the Quivers Services does not meet the Scheduled Uptime levels set forth above, Client will be entitled, upon written request, to a Service Level Credit to be calculated as follows: o If Scheduled Uptime is at least 99.5% of the month’s minutes, no Service Level Credit is awarded. o If Scheduled Uptime is 99.49% or below of the month’s minutes, Customer will be eligible for a credit of a pro-rated amount of the monthly subscription fee paid to Quivers. Service Level Credits shall be Clients sole and exclusive remedy in the event of any failure to meet the Service Levels. Service Level Credits will be applied to the next invoice following Client’s request and Quivers’ confirmation that credits are applicable.
Service Level Credits. If we fail to meet a service level you may be entitled to a service level credit. To claim a service level credit, you must notify us of your claim within 60 days after the end of the month in which the Service failure occurred (or such other period as set out in the applicable Service Schedule), identifying the associated trouble ticket number for your claim.
Service Level Credits. In the event that the Uptime for a Cloud-Based Solution falls below the applicable Targeted Uptime, you may obtain a credit in the amount shown in the table below by requesting the credit from us in writing within thirty (30) days of the end of the month in which the event giving rise to your right to the credit occurred. The request must include a summary of the incidents/outages, including the date, time and duration. We will contact you by email within ten (10) business days of receipt of your request to explain the status of the request. 99.5% or greater N/A 98.5% to 99.49% 10% 97.5% to 98.49% 20% Below 97.5% 30% Upon substantiating your claim, we will issue a credit against your next monthly invoice after a credit is allowed. We will only issue a credit if you are in compliance with the Agreement. Credits for a month may not exceed one (1) month's PEPM Fees for the affected Cloud-Based Solution, as measured by the month in which the incident or incidents occurred.
Service Level Credits. Service Provider recognizes that DIR is paying Service Provider to deliver the Services at specified Service Levels. If Service Provider fails to meet such Service Levels, then, in addition to other remedies available to DIR, Service Provider shall pay or credit to DIR the Service Level Credits specified in Exhibit 3 in recognition of the diminished value of the Services resulting from Service Provider's failure to meet the agreed upon level of performance, and not as a penalty. Under no circumstances shall the imposition of Service Level Credits be construed as DIR's sole or exclusive remedy for any failure to meet the Service Levels. However, if DIR recovers monetary damages from Service Provider as a result of Service Provider's failure to meet a Service Level, Service Provider shall be entitled to set-off against such damages any Service Level Credits paid for the failure giving rise to such recovery, as reduced by any applicable earnback pursuant to Exhibit 3. Service Level Credits are not counted toward and are not subject to the overall cap on Service Provider's liability.
