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. The Services Levels (SLAs) provided in Annex [--] (SLAs & Service Credits) of this Agreement are standard SLAs committed by QNBN, as prescribed in the QNBN License. However, the Parties may, with mutual consent, agree to more stringent SLAs for each Product, which shall be specified in the relevant Sub-Framework Agreement.
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 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.
(b) If the Service Provider fails to perform the Services in accordance with the terms set forth on Exhibit 3, the “Service Levels” Exhibit, and such performance is not excused pursuant to the applicable terms of this Agreement, the Service Provider shall, if applicable, credit or pay the amounts (including Service Credits) set forth in Exhibit 3, the “Service Levels” Exhibit, to the Customer.
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”).
2.2 The System Availability shall not include any Planned Maintenance or Emergency Maintenance (in respect of which swcomms shall endeavour to provide the Customer with reasonable notice).
2.3 The System Availability shall be measured on a monthly basis during the Reporting Period.
2.4 Where the Services are unavailable during the Reporting Period, the amount of unavailable time over the Reporting Period, excluding Planned Maintenance and Emergency Maintenance (the balance of unavailable time being defined “System Unavailability”) shall be recorded and aggregated over the Reporting Period by swcomms.
2.5 System Availability shall be calculated as set out below: A = Total number of minutes, excluding any Planned Maintenance and Emergency Maintenance, during the Reporting Period of one month. B = Total number of minutes of System Unavailability during the Reporting Period of one month. Availability = (A – B) / A (expressed as %) A = 4,320,000 minutes 4,320,000 minutes minus 120 Planned Maintenance minus 60 minutes Emergency Maintenance for 100 users Revised A = 4,302,000 minutes B = 12,000 minutes (4 x 60 minutes Unavailability for 50 users)
2.6 System Availability is calculated for the whole estate, so A is calculated according to the number of individual Locations and Authorised Users in the solution (including any central data centre site) multiplied by the minutes in the Reporting Period, and B is the total number of unavailable minutes for all Locations and Authorised Users affected by a total loss of service.
2.7 swcomms will provide to the Customer a support desk that will provide a means for fault reporting and query answering (being the Support and Maintenance Services). Each Incident will be dealt with in accordance with the Incident Management Process. Each Incident shall be reported by the Customer's internal IT Service Desk to swcomms' support desk and responses by swcomms will be returned to the same.
2.8 swcomms shall record each individual communication to the support desk by the Customer of an Incident in a service incident management system. This system will be used to manage and track each ticket through its lifecycle. Each Incident will be dealt with in accordance with the Incident Management Process outlined at paragraph 2.12 below. swcomms will prov...
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. 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
Service Levels/Service Credits. 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)): 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 5% 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 5% Customer periodic reviews of Service Levels (Clause 13.7.1 of the Call Off Terms): Not Used
Service Levels/Service Credits. 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 Customer periodic reviews of Service Levels (Clause 13.7.1 of the Call Off Terms): Not applied
