Service Level Warranty Sample Clauses

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: (i) Inability to Access the Internet (Downtime). If Customer is unable to transmit and receive information from Exodus' Internet Data Centers (i.e., Exodus' LAN and WAN) to other portions of the Internet because Exodus failed to provide the Internet Data Center Services for more than fifteen (15) consecutive minutes, Exodus will credit Customer's account the pro-rata connectivity charges (i.e., all bandwidth related charges) for one (1) day of service, up to an aggregate maximum credit of connectivity charges for seven (7) days of service in any one calendar (1) month. 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. For purposes of the foregoing, "unable to transmit and receive" shall mean sustained packet loss in excess of 50% based on Exodus' measurements. (ii) Packet Loss and Latency. Exodus does not proactively monitor the packet loss or transmission latency of specific customers. Exodus does, however, proactively monitor the aggregate packet loss and transmission latency within its LAN and WAN. In the event that Exodus discovers (either from its own efforts or after being notified by Customer) that Customer is experiencing packet loss in excess of one percent (1%) ("Excess Packet Loss") or transmission latency in excess of 120 milliseconds round trip time (based on Exodus' measurements) between any two Internet Data Centers within Exodus' U.S. network (collectively, "Excess Latency", and with Excess Packet Loss "Excess Packet Loss/Latency"), and Customer notifies Exodus (or confirms that Exodus has notified Customer), Exodus will take all actions necessary to determine the source of the Excess Packet Loss/Latency. (A) Time to Discover Source of Excess Packet Loss/Latency; Notification of Customer. Within two (2) hours of discovering the existence of Excess Packet Loss/Latency, Exodu...

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. 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. 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 during the applicable Subscription Term that the Subscription Services will be performed in a manner that meets or exceeds the applicable Service Levels set forth in the Service Level Agreement. 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 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: (i) Inability to Access the Internet (Downtime). If Client is unable to transmit or receive information from Fry's Internet Data Center (i.e., Xxx'x XXX and WAN) to other portions of the Internet because Fry failed to provide the Internet Data Center Services for more than [****] ("Internet Access Failure"), Fry will credit Client's account an amount equal to [****] of the [****] **** Represents material which has been redacted and filed separately with the Commission pursuant to a request for confidential treatment under Rule 406 of the Securities Act of 1933, as amended. then paid by Client under this Agreement ([****] (meaning the [****] days prior to and the day of the following days each year in the United States: Thanksgiving, Christmas, Valentines Day, Easter, Secretary's Day, and Mothers Day)) for each such [****] (but such credits in any given [****] shall not exceed the [****] due for such [****]). Fry's Scheduled Maintenance of shall not be deemed to be a failure of Fry to provide the hosting Services hereunder. For purposes of the foregoing, "unable to transmit or receive" shall mean sustained packet loss in excess of [****] based on Fry's reasonable measurements. Fry shall continue to provide Client with real-time reporting information concerning server performance and other relevant performance, transactional and processing data in the same manner as it currently provides to Client plus such additional information and reporting as the parties shall agree or as shall be contained in the Annual Plan.

Service Level Warranty. Rhapsody warrants that the Cloud Service will meet the Service Levels as set forth in the Service Level Agreement referred to in Exhibit A. In the event of any failure to meet this warranty, Rhapsody will provide the service credits set forth in the Service Level Agreement.

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.