Service Levels/Service Credits. [Not applied] [OR] [In Annex 1 of Part A of Call Off Schedule 6 (Service Levels, Service Credits and Performance Monitoring)] Service Credit Cap (Call Off Schedule 1 (Definitions)): [Not applied] [OR] [For the purpose of limb (a) of the definition of Service Credit Cap in Call Off Schedule 1 (Definitions), the applicable percentage of the Estimated Year 1 Call Off Contract Charges shall be [ ]%] [For the purpose of limb (b) of the definition of Service Credit Cap in Call Off Schedule 1 (Definitions), the applicable percentage of Call Off Contract Charges shall be [ ]%] Customer periodic reviews of Service Levels (Clause 13.7.1 of the Call Off Terms): [Not applied] [OR] [For the purpose of clause 13.7.1 the total number of Service Level Performance Criteria for which the weighting is to be changed should not exceed [insert number]] Guidance Note: see Clause 13 (Service Levels and Service Credits) and Part A of Call Off Schedule 6 (Service Levels, Service Credits and Performance Monitoring). If Service Levels/Service Credits are required, populate the table in Annex 1 of Part A of Call Off Schedule 6 (Service Levels, Service Credits and Performance Monitoring). Service Credits will not be required in all contracts, but the higher the value, complexity or importance of the contract, the more likely that Service Credits will apply. If Service Credits have been applied: see Clause 36.2.1 in respect of the Supplier’s total financial liability for Service Credits. Populate the appropriate percentages of the Call Off Contract Charges that should apply to the definition of Service Credit Cap in Call Off Schedule 1 (Definitions). see Clause 13.7.1 In respect of the Customer’s right to periodically change the Service Level Performance Measures that underpin the Service Levels. Populate the maximum number of the Service Level Performance Criteria in respect of which the weightings may be changed. See the relevant definitions of the above mentioned capitalised terms in Call Off Schedule 1 (Definitions).
Service Levels/Service Credits. The Supplier shall at all times during term of this Agreement provide the Services to meet or exceed the Service Level Performance Measure for each Service Level Performance Criterion, as defined herein below. 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 it shall entitle the Customer to the rights set out in this Agreement below, including the right to any Service Credits (as defined below). The Supplier acknowledges and agrees that any Service Credit is a price adjustment reflecting the value of any lost service caused by failure to meet a Service Level. Both Parties agree that the Service Credits are a reasonable method of price adjustment to reflect poor performance. Other than the Customer’s termination rights as set forth in the Contract, A Service Credit shall be the Customer’s exclusive financial remedy for a failure to meet a Service Level.
Service Levels/Service Credits. [Specify any applicable Service Levels required for the on-going delivery of the Services (and not already specified in the Agreement or Specification. This should include any specific KPIs or SLAs that are not covered in the Agreement and which are specific to this engagement.]
Service Levels/Service Credits. [Not applied] [OR] [In Annex 1 of Part A of Contract Schedule 6 (Service Levels, Service Credits and Performance Monitoring)] Service Credit Cap (Contract Schedule 1 (Definitions)): [Not applied] [OR] [For the purpose of limb (a) of the definition of Service Credit Cap in Contract Schedule 1 (Definitions), the applicable percentage of the Estimated Year 1 Contract Contract Charges shall be [ ]%] [For the purpose of limb (b) of the definition of Service Credit Cap in Contract Schedule 1 (Definitions), the applicable percentage of Contract Charges shall be [ ]%] Customer periodic reviews of Service Levels (Clause 13.7.1 of the Contract Terms): Guidance Note: see Clause 13 (Service Levels and Service Credits) and Part A of Contract Schedule 6 (Service Levels, Service Credits and Performance Monitoring). If Service Levels/Service Credits are required, populate the table in Annex 1 of Part A of Contract Schedule 6 (Service Levels, Service Credits and Performance Monitoring). Service Credits will not be required in all contracts, but the higher the value, complexity or importance of the contract, the more likely that Service Credits will apply. If Service Credits have been applied: see Clause 36.2.1 in respect of the Suppliers total financial
Service Levels/Service Credits. 5.1 If the Service Provider fails to meet the agreed service parameters (SLA, availability ratio) as defined in Annex 1, it shall issue a credit note to the Customer (hereinafter: the “Service Credits”) in accordance with the provisions set out in Annex 1. Service Provider shall not be obliged to provide Service Credits to the Customer as long as the Customer is in default with any of its payment obligations.
5.2 In respect of the average availability of the Service the following cases shall not be considered as service outage:
a) scheduled maintenance reported in advance;
b) failure of Customer’s equipment;
c) CE router re-loads;
d) outages caused by Customer;
e) improper use of the Service by Xxxxxxxx;
f) Force majeure events as specified under Section 14; g) any failure of keeping safely the Service Provider’s Equipment as described under Section 6.
5.3 Notwithstanding anything to the contrary set forth herein, the Customer acknowledges and agrees that the Service Credits described herein shall be the sole and exclusive remedy of the Customer in connection with any outages, unavailability or breach by Service Provider of the SLA.
Service Levels/Service Credits. (a) Effective on each Commencement Date, the Service Provider agrees to perform and provide the Services that are the subject of each Service Tower in a manner that shall meet or exceed its performance obligations and other requirements set forth in Exhibit 3, the “Service Levels” Exhibit, subject to the limitations and in accordance with the provisions set forth in this Agreement. The management methodology applicable to the Service Levels is set forth in Schedule 3.1, the “Service Level Management Customer/Service Provider Confidential Execution Copy Methodology” Schedule, to Exhibit 3, the “Service Levels” Exhibit. The Service Provider further agrees that it shall perform the Services that are not subject to expressly defined Service Levels at a level of service that satisfies or exceeds the greater of (i) standards employed by other service providers performing services of similar scope and scale or (ii) the level of service and degree of accuracy, quality, completeness, timeliness, responsiveness and efficiency as was provided prior to the Commencement Date by or for the Customer Group.
Service Levels/Service Credits. 2.1 The Services shall be available at a minimum of 95% for the Reporting Period across the entire Service for all Locations and all Authorised Users of the Customer (“System Availability”).
Service Levels/Service Credits. 5. Special Terms Deloitte – Call-off Contract PRO269 - v.2 20211013
Service Levels/Service Credits. 5.1Service Levels. "Service Provider" covenants that the Service will generally be available 98% of the time, except as provided below. General availability will be calculated per calendar quarter, as follows: [(total – non-excluded – excluded) *100] > 98% total – excluded Where: ● total = the total number of minutes for the quarter ● non-excluded = downtime that is not excluded ● excluded definition to follow in point 2 ● Any unavailability caused by a Force Majeure Event ● Exclusions listed “Exclusions From Uptime” below For any partial calendar quarter during which Customer subscribes to the Service, general availability will be calculated based on the entire calendar quarter, not just the portion for which Customer subscribed. In addition, unavailability for some specific features or functions within the Service, while others remain available, will not constitute unavailability of the Service, so long as the unavailable features or functions are not, in the aggregate, material to the Service as a whole.
Service Levels/Service Credits. As set out in Schedule 6 of this Lease Agreement Service Credit Cap (Lease Agreement Schedule 1 (Definitions)): As set out in Schedule 6 of this Lease Agreement Customer periodic reviews of Service Levels (Clause 13.7.1 of the Lease Agreement Terms): Not applied
