Service Rebates Sample Clauses

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...
Sample 1Sample 2See All (5)
AutoNDA by SimpleDocs
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.
Sample 1
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. 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.
Sample 1
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: (i) Nil if the monthly availability of the Service is 99.5% or greater; (ii) 5% of the monthly Charges availability of the Service is between 98% and 99.5%. (iii) 10% of the monthly Charges availability of the Service is between 95% and 97.99%. (iv) 15% of the monthly Charges availability of the Service is at or below 94.99% (b) The following conditions apply to the Service Rebates: (i) Service Rebates apply only to availability of the Service on our side of the service demarcation point; (ii) The maximum Service Rebate payable for a Service in a calendar month is capped at 15% of the total monthly charges for the Service in a calendar month; (iii) The payment of a Service Rebate is your sole remedy for our failure to meet the relevant Service Availability Target; (iv) You must apply for a Service Rebate by contacting us and following the prescribed process for obtaining Service Rebates within thirty (30) calendar days of the end of the calendar month to which the Service Rebate applies; (v) The Service Rebate is only to be applied by way of a credit, and cannot be redeemed for cash; and (vi) Services Rebates will not apply where one or more of the exemptions (outlined below) apply.
Sample 1
Service Rebates. 11.4.1 If specified in Schedule G and if seller is responsible for failing to achieve a service level, seller: a) must pay service rebates to buyer in accordance with Schedule G; b) acknowledges that any service rebates calculated in accordance with Schedule G are a genuine pre-estimate of the loss and damage buyer will suffer because of the service level failure;
Sample 1
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: 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.
Sample 1
Service Rebates. Not applicable
Sample 1
AutoNDA by SimpleDocs
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.
Sample 1
Service Rebates. The Service Attributes define the level of service that We are committed to delivering to You;
Sample 1

Related to Service Rebates

  • Service Credits Employees on parental leave shall be entitled to normal accumulation of service credits for the duration of the parental leave.

  • Covered Services You will receive Covered Services under the terms and conditions of this Contract only when the Covered Service is: • Medically Necessary; • Provided by a Participating Provider for in-network coverage; • Listed as a Covered Service; • Not in excess of any benefit limitations described in the Schedule of Benefits section of this Contract; and • Received while Your Contract is in force.

  • In-Service Programs The parties to this collective agreement recognize the value of in-service education both to the employee and the Employer. A) The Employer reserves the right to identify specific in-service programs deemed compulsory. B) Employees required to attend such programs will be paid at the applicable rate of pay.

  • CLOUD SERVICE The Cloud Service offering, is described below and is specified in an Order Document for the selected entitled offerings. The Order Document will consist of the Quotation that is provided and the Proof of Entitlement (XxX) you will receive confirming the start date and term of the Cloud Services and when invoicing will commence.

  • Service Scope The following Services are covered by this Agreement; o Manned telephone support o Monitored email support o Remote assistance using Remote Desktop and a Virtual Private Network where available o Planned or Emergency Onsite assistance (extra costs apply) o Monthly system health check

  • Grades of Service The Parties shall initially engineer and shall monitor and augment all trunk groups consistent with the Joint Process as set forth in Section 14.1 of this Attachment.

  • Service Level Credits If Verint does not meet the Uptime Percentage levels specified below, Customer will be entitled, upon written request, to a service level credit (“Service Level Credit”) to be calculated, with respect to the applicable Hosted Environment, as follows: • If Uptime Percentage is at least 99.95% of the month’s minutes, no Service Level Credits are provided; or • If Uptime Percentage is 99.75% to 99.94% (inclusive) of the month’s minutes, Customer will be eligible for a credit of 5% of a monthly average fee derived from one-twelfth (1/12th) of the then-current annual fee paid to Verint; or • If Uptime Percentage is 99.50% to 99.74% (inclusive) of the month’s minutes, Customer will be eligible for a credit of 7.5% of a monthly average fee derived from one-twelfth (1/12th) of the then-current annual fee paid to Verint; or • If Uptime Percentage is less than 99.50% of the month’s minutes, Customer will be eligible for a credit of 10.0% of a monthly average fee derived from one-twelfth (1/12th) of the then-current annual fee paid to Verint. Customer shall only be eligible to request Service Level Credits if Customer notifies Verint in writing within thirty (30) days from the end of the month for which Service Level Credits are due. All claims will be verified against Verint’s system records. In the event after such notification Verint determines that Service Level Credits are not due, or that different Service Level Credits are due, Verint shall notify Customer in writing on that finding. With respect to any Services Level credits due under Orders placed directly by Customer on Verint, Service Level Credits will be applied to the next invoice following Customer’s request and Verint’s confirmation of available credits; with respect to any Service Level Credits due for SaaS Services under Orders placed on Verint by a Verint authorized reseller on Customer’s behalf, Service Level Credits will be issued by such reseller following Customer’s request and Verint’s confirmation of available credits and such Services Level Credits may only be used by Customer with respect to subsequent purchases of Verint offerings through that reseller. Service Level Credits shall be Customer’s sole and exclusive remedy in the event of any failure to meet the Service Levels. Verint will only provide records of system availability in response to Customer’s good faith claims.

  • SPECIALIZED SERVICE REQUIREMENTS In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

  • Service Recognition For purposes of any Seaport Entertainment Benefit Arrangements providing benefits to any Transferring Employees, the Seaport Entertainment Group shall, from and after the applicable Benefit Commencement Date: (i) provide or cause to be provided to each Transferring Employee full credit for purposes of eligibility to participate, vesting and level of benefits under each Seaport Entertainment Benefit Arrangement under which such Transferring Employee is eligible to participate on or after the applicable Benefit Commencement Date for service accrued on or prior to the applicable Benefit Commencement Date with the HHH Group to the same extent that such credit was recognized by the HHH Group under comparable HHH Benefit Arrangements; (ii) use commercially reasonable efforts to waive all pre-existing conditions, exclusions and waiting periods with respect to participation and coverage requirements applicable to the Transferring Employees and their eligible dependents under any Seaport Entertainment Benefit Arrangements in which such Transferring Employees may be eligible to participate after the Distribution Date, except, with respect to pre-existing conditions or exclusions, to the extent such pre-existing conditions or exclusions would apply under the analogous HHH Benefit Arrangement; and (iii) use commercially reasonable efforts to provide each Transferring Employee and their eligible dependents under any Seaport Entertainment Benefit Arrangement with credit for any co-payments and deductibles paid during the portion of the plan year of the corresponding HHH Benefit Arrangement, as applicable, ending on the date such Transferring Employee’s participation in the Seaport Entertainment Benefit Arrangement begins (to the same extent that such credit was given under the analogous HHH Benefit Arrangement, as applicable, prior to the date that the Transferring Employee first participates in the Seaport Entertainment Benefit Arrangement) in satisfying any applicable deductible or out-of-pocket requirements under the Seaport Entertainment Benefit Arrangement; provided, however, that no such credit shall be provided under the foregoing provisions (A) to the extent it would result in duplication of benefits, or (B) for any purpose with respect to any defined benefit pension plan, postretirement welfare plan or any Seaport Entertainment Benefit Arrangement under which similarly situated employees do not receive credit for prior service or that is grandfathered or frozen, either with respect to level of benefits or participation.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!