Service Rebates. If specified in Schedule E and if seller is responsible for failing to achieve a service level, seller: must pay service rebates to buyer in accordance with Schedule E; acknowledges that any service rebates calculated in accordance with Schedule E are a genuine pre-estimate of the loss and damage buyer will suffer because of the service level failure; acknowledges that payment of any service rebates will be without prejudice to any other rights or remedies buyer has against seller under, or arising from, this contract because of the service level failure; and will not be liable to pay any service rebates to the extent the service level failure was caused by buyer’s failure to comply with the contract. The parties agree that the total amount of service rebates payable by seller under this contract must not exceed the total amount of the charges payable to seller under this contract. GST and other taxes All taxes imposed or levied in Australia or overseas in connection with this contract will be the responsibility of seller. In this clause 10.5, a word or expression defined in the GST Act has the meaning given to it in that Act. If a party (supplier) makes a supply under or in connection with this contract in respect of which GST is payable, the recipient of the supply must pay to the supplier, an additional amount equal to the GST payable on the supply. Maximum charges payable Notwithstanding any other provision of this contract (other than clause 10.7) buyer has no liability to pay charges to seller to the extent that those charges exceed the maximum charges payable. Late payment of invoices This clause 10.7 only applies where: the value of this contract is not more than $1 million (GST inclusive); and amount of the interest payable exceeds $100 (GST inclusive). buyer must pay interest on late payments to seller as follows: for payments made by buyer between 30 days and up to 60 days after the amount became due and payable, only where seller issues a correctly rendered invoice for the interest; or for payments made by buyer more than 60 days after the amount became due and payable, buyer will pay the interest accrued together with the payment. Interest payable under this clause 10.7 will be simple interest on the unpaid amount at the general interest charge rate, calculated in respect of each day after the amount was due and payable, up to and including the day buyer effects payment as represented by the following formula: SI = UA x GIC x D, where: SI = si...
Service Rebates. (a) Installation Rebates Subject to the rebate conditions and exemptions listed in clauses 2.2 and 2.3 of this Part 2 and in the event of Fuse Technology failing to meet the Installation Lead Time Targets, You will be entitled to claim a rebate in accordance with the rates set out below. Installation Delay Installation Rebate Up to 5 Business Days delay Half of the total Monthly Recurring Fees for the first month for the delayed IP-Line Service and accompanying Access.
Service Rebates. (a) Subject to the conditions and exemptions below, our failure to meet the Service Availability Target for the Service, will entitle you to the following Service Rebates:
Service Rebates. 11.4.1 If specified in Schedule G and if seller is responsible for failing to achieve a service level, seller:
Service Rebates. If NEXTDC fails to meet the Service Availability Target in the relevant calendar month, then the customer may be eligible to claim a service rebate to be paid to the customer in the form of a credit as shown in the table below: Severity Service Availability Target Claimable Rebate Medium < 99.95% and ≥ 99.5% 25% of the recurring fee for the month during which the service is affected High < 99.5% 50% of the recurring fee for the month during which the service is affected Notes: The PLR target does not apply to a service where a five-minute average traffic load of more than 70% of the available bandwidth is measured for either incoming or outgoing traffic. A traffic rate limiting feature may be provided to you by AXON for your convenience. The PLR target therefore does not apply where packet loss is due to rate limiting.
Service Rebates. Not applicable Allowances
Service Rebates. Service Rebates become due when one or more of the following occurs: • TNPA/NPA service levels are not met; • NRT exceeds 110% of the agreed level; • Service Reliability Metric exceeds the agreed level; • Service Degradation has been demonstrated. For every Virtual Circuit failing to meet the above service parameters, Service Rebates will be due. The rebates will be calculated for each Virtual Circuit failing to meet the service parameters as a percentage of the Relevant Monthly Charges assigned to the two end points of the Virtual Circuit. If a Virtual Circuit fails to meet the service parameters, Service Rebates are always due for both end points of that Virtual Circuit, i.e. for both User Sites connected via the affected Virtual Circuit. The Relevant Monthly Charge assigned to the end point of a Virtual Circuit is listed in the Service Particulars and is the total monthly charge for a User Site divided by the total number of Virtual Circuits of that User Site (or some other mutually agreed apportion of the total monthly charge over the Virtual Circuits at that User Site). The rebates for the different types of service parameters are cumulative. However, the total amount of Service Rebates for a User Site in any calendar month can be no more than 100% of the total monthly charges for that User Site.
Service Rebates. The Service Attributes define the level of service that We are committed to delivering to You;
