Service Outage Credits. SBC and Willxxxx xxxee to take reasonable efforts to proactively monitor the performance of its customers' circuits in order to take corrective action before the customer's perceived service quality is damaged. The Parties also recognize that on occasion individual, non-strategic customers may suffer from chronically poor service before the problem is identified or remedied. In these instances, SBC may request a service outage credit from Willxxxx xx be passed through to the customer in order to salvage a customer-perceived quality problem. If the service problem is due to a fault in the Willxxxx Network, and the service relationship with the customer is in jeopardy, Willxxxx xxxl provide a **** on the monthly charge to SBC for that circuit. Chronically poor service is defined as ****
Service Outage Credits. 7.1. Customer must provide Sify with a written request for a credit due hereunder as defined in Service Outage Reporting (Section 4).
7.2. If Customer is entitled to receive credits on more than one guarantee as set forth herein due to the same service- affecting incident, Customer will only receive the credit that it would otherwise be entitled to receive under a single guaranteed criterion for service which has least guarantee.
7.3. In no event shall the total amount of Service Outage credits issued to Customer per month exceed fifty percent (50%) of the MRC invoiced to Customer for the affected Service for that month.
7.4. Credits are calculated after deduction of all discounts and other special pricing arrangements, and may not be applied to governmental fees, taxes, surcharges, local access charges or any other charges other than monthly recurring service (MRC) charges.
7.5. Credits will generally be reflected on the subsequent invoice following the billing month in which the Service Outage occurs. The credits provided in this Service Level Agreement are Customer's sole and exclusive remedies for all matters related to the guaranteed criteria.
7.6. Any credits accrued but remaining unused after termination of the applicable Service may only be applied to charges accruing to the affected Service or new purchases of Sify Services. All unused credits will expire the later of twelve months after their accrual or upon the expiration or termination of the last Order Form with Sify. Termination of a Service Order Form, the General Terms and Conditions due to Customer's non-payment or other breach will immediately void all accrued, but unused credits.
Service Outage Credits. 1. Service Outage Credits are granted if the Sify Internet backbone network availability or packet loss falls below the target objective, as defined in Clause 6. For all Service Outage incidents verifiable by Sify, Service Outage Credits will be granted for outages in excess of five minutes.
2. If the availability of the Service falls below the target availability for a month as defined in Xxxxxxxx 0X, 0X, 0X & Xxxxxxxx 2 by one percent (1%), then a service credit of one percent (1%) of the quarterly access charge (quarterly recurring charge is computed by dividing the Annual Recurring Charge by Four) will be granted, subject to a maximum of five percent (5%) of the quarterly recurring charge, If a Service outage occurs on account of high packet loss as defined in Section 3.4 by one percent (1%), then a service credit of one percent (1%) of the quarterly access charge (quarterly recurring charge is computed by dividing the Annual Recurring Charge by twelve) will be granted, subject to a maximum of five percent (5%) of the quarterly recurring charge.
3. If an incident affects the performance of the Service and results in a period of Network Unavailability and/or packet loss, entitling customer to one or more credits under different SLA parameters, only the single highest credit applying in respect of that incident will be applied.
4. Sify will apply Service Outage credits in the following quarter. In no event shall Sify’s liability for Service Outage Credits exceed five percent (5%) of the quarterly recurring charge (quarterly recurring charge as defined above).
5. The granting of Service Outage credits is contingent upon the Customer having opened a trouble ticket with Sify’s Helpdesk within four (4) hours after the Service Outage occurs. The duration of the Service Outage period will be determined at the sole discretion of Sify, based upon Sify’s internal records and the above-noted trouble ticket. If the Customer does not notify Sify’s Helpdesk within four (4) hours after the Service Outage occurs, the Service Outage will be considered to begin when the trouble ticket is opened with Sify’s Helpdesk.
Service Outage Credits. 7.1. Customer must provide XcellHost with a written request for a credit due hereunder as defined in Service Outage Reporting (Section 4).
7.2. If Customer is entitled to receive credits on more than one guarantee as set forth herein due to the same service- affecting incident, Customer will only receive the credit that it would otherwise be entitled to receive under a single guaranteed criterion for service which has least guarantee.
7.3. In no event shall the total amount of Service Outage credits issued to Customer per month exceed fifty percent (50%) of the MRC invoiced to Customer for the affected Service for that month.
7.4. Credits are calculated after deduction of all discounts and other special pricing arrangements, and may not be applied to governmental fees, taxes, surcharges, local access charges or any other charges other than monthly recurring service (MRC) charges.
7.5. Credits will generally be reflected on the subsequent invoice following the billing month in which the Service Outage occurs. The credits provided in this Service Level Agreement are Customer's sole and exclusive remedies for all matters related to the guaranteed criteria.
7.6. Any credits accrued but remaining unused after termination of the applicable Service may only be applied to charges accruing to the affected Service or new purchases of XcellHost Services. All unused credits will expire the later of twelve months after their accrual or upon the expiration or termination of the last Order Form with XcellHost. Termination of a Service Order Form, the General Terms and Conditions due to Customer's non-payment or other breach will immediately void all accrued, but unused credits.
Service Outage Credits. 8.1 For each incident of Service Outage verified by the COMPANY, it will offer a Service Outage credit to the CUSTOMER as follows: The COMPANY shall offer the CUSTOMER a Service Outage credit equivalent to one hour of Service for each full hour of Service interruption or outage exceeding two (2) continuous hours. All portions of hours shall be rounded down to the nearest full hour. For purposes of determining the Service Outage credit, an hour of Service shall be equivalent to the Monthly Charge divided by 720 hours. The COMPANY shall typically apply such Service Outage credits against Service provided by the COMPANY during the immediately following month or as otherwise determined by the COMPANY.
8.2 In no event shall the COMPANY’s liability for Service Outage credits exceed the corresponding Monthly Charges for said period of Service Outage. The Service Outage credits shall be the CUSTOMER’S exclusive remedy for Service Outages.
Service Outage Credits. FATBEAM MAKES NO GUARANTEE THAT ANY SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED. As such, Customer’s sole and exclusive remedy for any Service Outage shall be the “Service Outage Credits” provided in the applicable exhibit attached to and incorporated in the MSA. The Service Outage Credits outlined in the MSA are not compounding, Customer may not claim more than one credit for an impacted Service, and in no event, will the Service Outage Credit(s) in any one (1) month exceed 100% of the MRC for such Service. To receive Service Outage Credits, Customer must be in good standing with Fatbeam, current in all its obligations, and notify Fatbeam that it is exercising its right to receive a Service Outage Credit within thirty (30) days of the Service Outage.
Service Outage Credits. If Customer’s Dark Fibers experiences a Service Outage lasting more than twelve (12) hours, Fatbeam will provide a Service Outage Credit in the amount of ten percent (10%) of the daily charge (MRC/30) for the affected Dark Fibers for each hour in excess of twelve (12) hours, not to exceed 100% of the daily charge in any calendar month.
Service Outage Credits
