Service Level Failures and Remedies. In the event of a Service Level Failure, Administrate shall issue a credit to Customer equal to five percent (5%) of the monthly fees for the Software Services for such Service Period for each full 30 minutes by which the Availability Requirement has been missed during such Service Period (each a “Service Credit”). For example, if the Availability Requirement was missed by 75 minutes, the Service Credit would be 10% of the monthly fees for the Software Services during such Service Period. Notwithstanding the foregoing, Administrate has no obligation to issue any Service Credit unless (i) Customer reports the Service Failure to Administrate immediately upon becoming aware of it, and (ii) requests such Service Credit in writing within fourteen (14) days of the Service Level Failure. The Customer will only be eligible for a Service Credit if the request is made in writing and contains at least the following information: (a) name of Customer and name of the contact person, (b) date and time when the unavailability was determined, (c) description of the observed unavailability, (d) the manner in which the unavailability has been determined, (e) evidence (such as screen prints), if available, and (f) scope of the unavailability (e.g. duration). Administrate will consider every request and will reply in writing within 14 days after receipt of Customer’s request. Administrate may agree fully, in part or not at all with Customer’s request. If Administrate does agree in part or not at all, Administrate’s response shall be accompanied by a clear explanation for its determination. Any Service Credit payable to Customer under this Agreement will be issued to Customer in the calendar month following the Service Period in which the Service Level Failure occurred. This Section 2 sets forth Administrate’s sole obligation and liability and Customer’s sole remedy for any Service Level Failure.
Service Level Failures and Remedies. In the event of a Service Level Failure, Provider shall issue a credit to Customer in proportion to the duration of the Service Level Failure, (each a “Service Credit”), subject to the following:
Service Level Failures and Remedies. In the event of a Service Level Failure, LI- COR may issue a credit to Customer in an amount determined in LI-COR’s discretion based on the nature and length of the Service Level Failure. (each a "Service Credit"), subject to the following:
Service Level Failures and Remedies. In the event of a Service Level Failure, Passio will issue a credit to Customer in the amount set forth in the table below, measured as a percentage of the monthly fees (or pro rata equivalent thereof) for the applicable Hosted Services paid or payable for the Service Period the Service Level Failure occurred (each a “Service Credit”). Availability Service Credit (as percentage of monthly fees (or pro rata equivalent thereof)) 99.0% - 100% 0.0 % 95.0% - 98.9% 2.5 % 90.0% - 94.9% 5.0 % < 90.0% 20.0 % Notwithstanding the foregoing, Passio has no obligation to issue any Service Credit unless Customer: (i) reports the Service Failure to Passio immediately upon becoming aware of it, and (ii) requests such Service Credit in writing within 10 days of the Service Level Failure. Additionally, in no event will a Service Credit for any Service Period exceed [twenty percent (20%)] of the total monthly fees (or pro rata equivalent thereof) that would be payable for that Service Period if no Service Level Failure had occurred. For the avoidance of doubt, if a flat fee is agreed upon in the applicable Order, and as a result there is not a monthly fee, the Service Credit for any Service Period will not exceed twenty percent (20%) of the total flat fee divided by the total number of months that constitute the Term. Subject to the foregoing, any Service Credit payable to Customer under this Agreement will be issued to Customer in the calendar month following the Service Period in which the Service Level Failure occurred. This Section 4 sets forth Passio’s sole obligation and liability and Customer’s sole remedy for any Service Level Failure, and Passio and Customer agree that such credits are a reasonable estimation of the damages and are not a penalty.
Service Level Failures and Remedies. In the event of a Service Level Failure, Nuix shall issue a credit to Customer in the amount of one percent (1%) of the monthly Fees for the Services due for the Service Period the Service Level Failure occurred (each a "Service Credit"), subject to the following:
Service Level Failures and Remedies. In the event of a Service Level Failure lasting more than 1 hour, Prelim will issue a credit to Customer in the amount of 5% of the monthly Fees for the Services due for the Service Period in which the Service Level Failure occurred (each a "Service Credit"). In no event will more than one such Service Credit accrue per day, and such Service Credits will not be cumulative beyond a total of credits for 1 week of Fees in any one calendar month. Notwithstanding the foregoing, Prelim has no obligation to issue any Service Credit unless (a) Customer reports the Service Failure to Prelim within 24 hours of such Service Level Failure; and (b) requests such Service Credit in writing within 10 days of the Service Level Failure. Any Service Credit payable to Customer under this Agreement will be issued to Customer in the calendar month following the Service Period in which the Service Level Failure occurred. This Section 5.3 sets forth Prelim's sole obligation and liability and Customer's sole remedy for any Service Level Failure.
Service Level Failures and Remedies. In the event of a Service Level Failure, Word-Tech may issue a credit to Customer for the applicable percentage of the monthly Fees for the Hosted Services due for the Service Period in which the Service Level Failure occurred (each, a “Service Credit”). Word-Tech has no obligation to issue any Service Credit unless (a) Customer reports the Service Failure to Word- Tech immediately on becoming aware of it; and (b) requests such Service Credit in writing within thirty (30) days of the Service Level Failure. Any Service Credit payable to Customer under this Agreement will be issued to Customer in the calendar month following the month in which Customer requests the Service Credit. Customer may terminate this Agreement, effective upon on written notice to Word-Tech, in the event the DocMinder® Hosted Service is Available less than 99.0% in any three (3) months out of a consecutive six (6) month period and Word-Tech will issue Customer a refund equal to the balance of any prepaid amount. This Section 5.2 sets forth Word-Tech's sole obligation and liability and Customer's sole remedy for any Service Level Failure.
Service Level Failures and Remedies. In the event of a Service Level Failure, MoneyThumb will issue a credit to Licensee in the amount of two percent (2 %) of the License Fees for the Services due for the Service Period the Service Level Failure occurred (each a “Service Credit”), subject to the following:
Service Level Failures and Remedies. In the event of a Service Level Failure, Provider shall issue a credit to Customer and End User in the amount of fifty percent (50 %) of the monthly Fees for the Services due for the actual Service Period during which the Service Level Failure occurred (each a "Service Credit"), subject to the following: (a) Provider has no obligation to issue any Service Credit unless: (i) Customer and End User reports the Service Failure to Provider immediately on becoming aware of it; and (ii) requests such Service Credit in writing within 10 days of the Service Level Failure; and; (b) in no event will a Service Level Credit for any Service Period exceed fifty (50%) percent of the total Fees that would be payable for that Service Period if no Service Level Failure had occurred. Any Service Credit payable to Customer and End User under this Agreement will be issued to Customer and End User in the calendar month following the Service Period in which the Service Level Failure occurred. This Section 5.33 sets forth Provider's sole obligation and liability and Customer and End User's sole remedy for any Service Level Failure.
Service Level Failures and Remedies. In the event of a Service Level Failure, Sitka shall issue a credit or refund to Customer of a portion of the fee for the Services due for the Service Period in which the Service Level Failure occurred (each a “Service Credit or Refund”), based on the schedule below and subject to the following:
