Service Level Warranty. In the event Customer experiences any of the following and Exodus determines in its reasonable judgment that such inability was caused by Exodus' failure to provide Internet Data Center Services for reasons within Exodus' reasonable control and not as a result of any actions or inactions of Customer or any third parties (including Customer Equipment and third party equipment), Exodus will, upon Customer's request in accordance with paragraph (iii) below, credit Customer's account as described below:
Service Level Warranty. In the event that Customer experiences any of the service performance issues defined in this Section 5.2 as a result of Exodus' failure to provide bandwidth or facility services, Exodus will, upon Customer's request in accordance with paragraph 5.2(d) below, credit Customer's account as described below (the "Service Xxxxx Xxxxxxxx"). Xxx Xxxxxxx Xxxxx Xxxxxxxx shall not apply to any services other than bandwidth and facility services, and, shall not apply to performance issues (i) caused by factors outside of Exodus' reasonable control; (ii) that resulted from any actions or inactions of Customer or any third parties; or (iii) that resulted from Customer's equipment and/or third party equipment (not within the sole control of Exodus).
Service Level Warranty. If Customer experiences any of the service performance issues described in this Paragraph 2 as a result of Company’s failure to provide IP Transit Service(s), then Company will, upon Customer’s request in accordance with Paragraph 2.4, credit Customer’s account as described below (the “Service Level Warranty”). Notwithstanding anything to the contrary in this Schedule A, the Service Level Warranty set forth herein shall only be available to Eligible Customers.
Service Level Warranty. In the event Customer is unable to transmit and receive information from Exodus' Internet Data Centers to other portions of the Internet and Customer notifies Exodus immediately of such event and Exodus determines in its reasonable judgment that such inability was caused by Exodus' failure to provide Internet Data Center Services for reasons within Exodus' reasonable control and not as a result of any actions or inactions of Customer or any third parties, Exodus will, upon Customer's request, credit Customer's account as follows: If Exodus failed to provide the Internet Data Center Services for (i) more than two (2) consecutive hours in a calendar month, Exodus will credit Customer's account the pro-rata connectivity charges for one (1) day of service; and (ii) more than eight (8) consecutive hours in a calendar month, Exodus will credit Customer's account the prorata connectivity charges for one (1) week of service. Exodus' scheduled maintenance of the Internet Data Centers and Internet Data Center Services, as described in the Rules and Regulations, shall not be deemed to be a failure of Exodus to provide Internet Data Center Services. THIS SECTION 5.2(A) STATES CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE BY EXODUS TO PROVIDE INTERNET DATA CENTER SERVICES.
Service Level Warranty. EIS warrants that the System will experience no more than the System Maximum Monthly Downtime during each calendar month during the Term of this Order Form provided all required Customer Materials are submitted to EIS by Customer in accordance with the Agreement (“Service Level Warranty”). EIS will cause its subcontractor to monitor the Hosting Services and determine Downtime. This Service Level Warranty will not commence until the System has been released for production use and will continue until the expiration or earlier termination of the Term of the applicable Order Form.
Service Level Warranty. CGI warrants that the Services will be performed in a manner that meets or exceeds the applicable Service Levels (if any) set forth in a Service Level Agreement included as part of a Statement of Work. If CGI fails to meet the defined Service Levels, CGI’s sole obligation and Customer’s exclusive remedy shall be as set forth in the Service Level Agreement.
Service Level Warranty. In the event Customer available for such event. In no event will Exodus be required to experiences any of the following and Exodus determines in its credit Customer in any one (1) calendar month connectivity reasonable judgment that such inability was caused by Exodus' charges in excess of seven (7) days of service. A credit shall be failure to provide Internet Data Center Services for reasons applied only to the month in which there was the incident that within Exodus' reasonable control and not as a result of any resulted in the credit. Customer shall not be eligible to receive actions or inactions of Customer or any third parties (including any credits for periods in which Customer received any Internet Customer Equipment and third party equipment), Exodus will, upon Data Center Services free of charges. Customer's request in accordance with paragraph (iii) below, credit Customer's account as described below: (v) Termination Option for Chronic Problems: If, in any single calendar month, Customer would be able to receive credits (i) Inability to Access the Internet (Downtime). If totaling fifteen (15) or more days (but for the limitation in Customer is unable to transmit and receive information from paragraph (iv) above) resulting from three (3) or more events Exodus' Internet Data Centers (i.e., Exodus' LAN and WAN) to during such calendar month or, if any single event entitling other portions of the Internet because Exodus failed to provide customer to credits under paragraph 5.2(a)(i) exists for a period the Internet Data Center Services for more than fifteen (15) of eight (8) consecutive hours, then, Customer may terminate this consecutive minutes, Exodus will credit Customer's accountant the Agreement for cause and without penalty by notifying Exodus pro-rata connectivity charges (i.e., all bandwidth related within five (5) days following the end of such calendar month. changes) for one (1) day of service, up to an aggregate maximum Such termination will be effective thirty (30) days after receipt credit of connectivity charges for seven (7) days of service in of such notice by Exodus. any one calendar (1) month. Exodus' scheduled maintenance of the Internet Data Centers and Internet Data Services, as described in THIS WARRANTY DOES NOT APPLY TO ANY INTERNET DATA CENTER SERVICES the Rules and Regulations, shall not be deemed to be a failure of THAT EXPRESSLY EXCLUDE THIS WARRANTY (AS DESCRIBED IN THE Exodus to provide Internet Data Center Services. ...
Service Level Warranty. During the Term, the Monthly Uptime Percentage will be at least 99.9% in any calendar month (the “Service Level Warranty”). If the Monthly Uptime Percentage does not meet the Service Level Warranty in any calendar month, and if Customer meets its obligations under this Agreement, then Customer will be eligible to receive Service Credit as follows: Monthly Uptime Percentage: < 99.9% - ≥99.0% Days Credited: 3 Monthly Uptime Percentage: < 99.0% - ≥95.0% Days Credited: 7 Monthly Uptime Percentage: ≤ 95.0% Days Credited: 15
Service Level Warranty. FirstClose will use commercially reasonable efforts to provide the Service with at least 98% uptime, excluding downtime caused by Customer, a third party or a force majeure event and downtime for maintenance.
Service Level Warranty. In the event Client experiences any of the following which is not as a result of any actions or inactions of Client or any third parties not under control of Fry (including Client Equipment and third party equipment), Fry will credit Client's account as described below:
