SERVICE LEVELS AND SERVICE CREDITS. This Clause 13 shall apply where the Customer has specified Service Levels and Service Credits in the Contract Order Form. Where the Customer has specified Service Levels but not Service Credits, only sub-clauses 13.2, 13.3 and 13.7 shall apply. When this Clause 13.2 applies, the Parties shall also comply with the provisions of Part A (Service Levels and Service Credits) of Contract Schedule 6 (Service Levels, Service Credits and Performance Monitoring). The Supplier shall at all times during the Contract Period provide the Goods and/or Services to meet or exceed the Service Level Performance Measure for each Service Level Performance Criterion. The Supplier acknowledges that any Service Level Failure may have a material adverse impact on the business and operations of the Customer and that it shall entitle the Customer to the rights set out in Part A of Contract Schedule 6 (Service Levels, Service Credits and Performance Monitoring) including the right to any Service Credits. The Supplier acknowledges and agrees that any Service Credit is a price adjustment and not an estimate of the Loss that may be suffered by the Customer as a result of the Suppliers failure to meet any Service Level Performance Measure. A Service Credit shall be the Customer’s exclusive financial remedy for a Service Level Failure except where: the Supplier has over the previous twelve (12) Month period accrued Service Credits in excess of the Service Credit Cap; the Service Level Failure: exceeds the relevant Service Level Threshold; has arisen due to a Prohibited Act or wilful Default by the Supplier or any Supplier Personnel; and results in: the corruption or loss of any Customer Data (in which case the remedies under Clause 34.2.8 (Protection of Customer Data) shall also be available); and/or the Customer being required to make a compensation payment to one or more third parties; and/or the Customer is otherwise entitled to or does terminate this Contract pursuant to Clause 41 (Customer Termination Rights) except Clause 41.7 (Termination Without Cause). Not more than once in each Contract Year, the Customer may, on giving the Supplier at least three (3) Months notice, change the weighting of Service Level Performance Measure in respect of one or more Service Level Performance Criteria and the Supplier shall not be entitled to object to, or increase the Contract Charges as a result of such changes, provided that: the total number of Service Level Performance Criteria for which the ...
SERVICE LEVELS AND SERVICE CREDITS. [In Part A of Call Off Schedule 6 (Service Levels, Service Credits and Performance Monitoring)] 12
SERVICE LEVELS AND SERVICE CREDITS. 9.1 This clause 9 shall apply where stated in the Contract Particulars.
9.2 Where any part of the Services is stated in Schedule 6 to be subject to a specific Service Level, the Contractor shall provide that part of the Services in such a manner as will ensure that the Achieved Service Level in respect of that Service is equal to or higher than such specific Service Level.
9.3 The Contractor shall provide records of and Management Reports summarising the Achieved Service Levels as provided for in clause 42.
9.4 If the Contractor fails to provide the Services in accordance with any individual Service Level, the Contractor shall pay to the Council the Service Credit set out in Schedule 6.
9.5 The parties agree that any such Service Credit has been calculated as, and is, a genuine pre-estimate of the loss likely to be suffered by the Council. The Contractor has taken the Service Credit into account in setting the level of the Contract Price.
SERVICE LEVELS AND SERVICE CREDITS. Service Credits will not apply to this Call-Off Contract.
SERVICE LEVELS AND SERVICE CREDITS. The Supplier shall at all times during the Call Off Contract Period provide the Services to meet or exceed any Service Levels set out in Call Off Schedule 6 (Service Levels, Service Credits and Performance Monitoring). The Supplier acknowledges that any failure to meet a Service Level may have a material adverse impact on the business and operations of the Customer and that any such failure shall entitle the Customer to Service Credits calculated in accordance with the provisions of Call Off Schedule 6 (Service Levels, Service Credits and Performance Monitoring). The Supplier acknowledges and agrees that any Service Credit is a price adjustment and not an estimate of the Loss that may be suffered by the Customer as a result of the Supplier’s failure to meet any Service Level, and is without prejudice to any remedies the Customer may have under this Call Off Contract or at Law resulting from, or otherwise arising in respect of, any breach by the Supplier of this Call off Contract in relation to Service Levels. The Supplier shall implement all measurement and monitoring tools and procedures necessary to measure, monitor and report on the Supplier’s performance of the provision of the Services against the applicable Service Levels at a level of detail sufficient to verify compliance with the Service Levels. The Supplier shall obtain Approval of the relevant measuring and monitoring tools and procedures prior to using the same. The Customer shall be entitled to review the Service Levels annually (or otherwise as required) and make such adjustments to them as the Customer deems appropriate, including adjustments and improvements resulting from improved performance capabilities, and the Parties acknowledge and agree that: the Service Levels and the measurement and monitoring tools and procedures referred to in Clause 14.3 will be improved over time (including improvements and adjustments to reflect improved performance capabilities) at no extra cost to the Customer; and such adjustments or improvements shall not be deemed to be subject to the Variation Procedure.
SERVICE LEVELS AND SERVICE CREDITS. 9.1.1 The Parties hereby agree that GEFA shall procure that the GEFA Companies comply with the Service Levels in accordance with Schedule 2.
9.1.2 Without prejudice to GECC’s or any GECF Group Company’s other rights or remedies under this agreement, GEFA shall procure that if a GEFA Company fails to meet the Key Service Levels, Service Credits shall be applied in accordance with Schedule 2.
9.1.3 The provisions of clause 9.1.2 shall not apply in respect of breaches of Key Service Levels that occur within the first 6 months of the Term.
SERVICE LEVELS AND SERVICE CREDITS. 13.1 The Parties shall comply with the provisions of Part A (Service Levels and Service Credits) of Schedule 6 (Service Levels, Service Credits and Performance Monitoring).
13.2 The Supplier shall at all times during the Contract Period provide the Services to meet or exceed the Service Level Performance Measure for each Service Level Performance Criterion.
13.3 The Supplier acknowledges that any Service Level Failure may have a material adverse impact on the business and operations of the Authority and that it shall entitle the Authority to the rights set out in the provisions of Part A of Schedule 6 (Service Levels, Service Credits and Performance Monitoring) including the right to any Service Credits.
13.4 The Supplier acknowledges and agrees that any Service Credit is a price adjustment and not an estimate of the Loss that may be suffered by the Authority as a result of the Supplier’s failure to meet any Service Level Performance Measure.
13.5 A Service Credit shall be the Authority’s exclusive financial remedy for a Service Level Failure except where:
13.5.1 the Supplier has over the previous (twelve) 12 Month period accrued Service Credits in excess of the Service Credit Cap;
13.5.2 the Service Level Failure:
(a) exceeds the relevant Service Level Threshold;
(b) has arisen due to a Prohibited Act or wilful Default by the Supplier or any Supplier Personnel; and
(c) results in:
SERVICE LEVELS AND SERVICE CREDITS a. The following table sets forth the Services measured under this SLA, the applicable Service Levels, and the Service Credits to which Client will be entitled if Packback fails to meet the Service Levels during any Measurement Period. The total amount of Service Credits shall not exceed 25% of the Fees for any Measurement Period. 95% 25%
b. Service Level is calculated as: [(total hours in a Measurement Period – total hours of Downtime) / (total hours in a Measurement Period – total hours of Excused Unavailability) x 100].
c. FOR CLIENT: All Service Credits shall be applied at the end of the Measurement
d. Packback reserves the right, in its sole and absolute discretion, to provide Service Credits in the event that Packback’s Platform experiences unplanned outages for a significant period of time during any Measurement Period. Any such Service Credits provided shall reduce, on a dollar-for-dollar basis, any Service Credit Packback is required to provide at the end of a Measurement Period.
e. The Service Credits set forth in this SLA shall be considered liquidated damages or Client’s sole and exclusive remedy for Packback’s failure to meet Service Levels. Client shall be entitled to any other rights or remedies. For the avoidance of doubt, nothing in this section 5 shall limit Packback’s liability for non-performance.
f. PACKBACK’S SERVICES AND PACKBACK’S PLATFORM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. PACKBACK IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS TO THE EXTENT SUCH PROBLEMS ARE OUTSIDE OF ITS CONTROL.
SERVICE LEVELS AND SERVICE CREDITS. (see Part A of Call Off Schedule 3)
SERVICE LEVELS AND SERVICE CREDITS. 14.1. Without prejudice to any other obligation in this Agreement the Provider will ensure the reliability and availability of all systems under the Provider’s control that are related to providing the Managed Services in accordance with this Agreement.
14.2. The Provider shall monitor its performance of each of the Services for which there is a Service Level Target during each measurement period referred to in Schedule 3 to determine whether or not the Service Level Target have been met by the Provider.
14.3. The Provider shall ensure that where it is reasonably practical the measurement tools and measurement methodologies are automated, consistent and objective and that they are designed to operate without the requirement for human interpretation or intervention. The Provider shall capture, store and maintain the detailed performance information as needed by the measurement tools and measurement methodologies used to calculate each Service Level Target and shall retain such performance information for a rolling twenty four (24) month period.
14.4. In respect of each Incident notified to it, the Provider shall allocate the appropriate Severity Level to each such Incident and ensure that the Incident is Resolved in accordance with the Service Level Target corresponding to that Severity Level.
14.5. If an Incident is resolved by the provision of a temporary resolution, the Provider shall provide either a permanent resolution or some other resolution as soon as practicably possible.
