SLA Exclusions. This SLA and any applicable Service Levels do not apply to any performance or availability issues:
SLA Exclusions. The Service Commitment does not apply to any unavailability, suspension or termination of Customer's account, or any other Delivery Network performance issues: (a) caused by factors outside of Tealium’s reasonable control, including any Force Majeure event or Internet access or related problems beyond the demarcation point of Delivery Network; (b) that result from any actions or inactions of Customer or any third party; (c) that result from Customer’s equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within Tealium’s direct control); or (d) arising from the suspension and termination of Customer’s right to use Delivery Network in accordance with the MSA. ATTACHMENT B
SLA Exclusions. Service Levels and Service Level Credits apply only to Customer and not to any customers of Customer or to any other party. Customer is not entitled to any Service Level Credit if Customer (a) has not paid all undisputed Fees due, (b) is in breach of this Agreement, or (c) has failed to provide Element Critical appropriate access to enable Element Critical to provide Services. In addition, Element Critical shall have no liability to provide the Services in accordance with any applicable Service Level or to provide any Service Level Credits if the failure to provide the Services in accordance with the Service Level is due, to any of the following:
SLA Exclusions. SLAs do not apply and LightEdge is not responsible for failure to meet an SLA resulting from: - failure of Customer to comply with other LightEdge agreement terms including the Master Agreement and Acceptable Use Policy which attributes to Service failure. - failure of Customer to cooperate with LightEdge during testing, installation, maintenance or troubleshooting activities which attributes to Service failure. - Service interruptions, deficiencies, degradations caused by 3rd party service providers (outside of LightEdge control). - Force Majeure as defined in the Master Agreement. - outages or impact caused by Customer, including applications, equipment, facilities or users of the Service. - failure to adhere to LightEdge recommended configurations as documented in Service Guides. - for any Services where Service Platform infrastructure must be deployed outside of a LightEdge data center, when Customer fails to provide suitable secure environment for infrastructure including but not limited to: secure mounting/racking, appropriate cooling and air handling and secure from theft. In addition, SLAs do not apply: - where Customer reports an SLA failure, but LightEdge does not find any SLA failure. - when a Service outage is caused by another Service with lower SLA. For example, if Customer is unable to access their Virtual Private Cloud Service (100% SLA) across the Internet (99.99% SLA), that failure does not constitute a Service outage of the Virtual Private Cloud Service.
SLA Exclusions. Notwithstanding anything contained herein, Verizon shall not be responsible or liable (including, without limitation, payment of any non performance credits to Customer as described above) for its failure to meet any such SLAs described above to the extent that such failure is due to or arising in connection with any of the following, each an “Excusable Failure”: any act or omission of Customer or Customer’s third party vendors including without limitation, any delays by Customer’s third party vendors in responding or providing the necessary fix or resolution to the problem or any inaccurate or inappropriate instructions or information provided by Customer’s third party vendors to Verizon; any failure by Customer’s third party vendors to comply with its respective responsibilities under this Agreement or based on any agreement (written or oral) between Customer’s third party vendors; The occurrence of any events outside the control of Verizon. In no event shall Verizon be obligated to resolve any problems not reasonably determined by Verizon as problems attributable to the applicable Software or supported components; Periods when Customer has released the Platform to Verizon for maintenance, planned downtime, upgrades, testing or rearrangement purposes, or for the implementation of a Customer approved change or when Customer continues to use the Platform on an impaired basis against Verizon’s recommendation. Maintenance windows will be mutually agreed upon during the support on-boarding process and will incorporate Customer’s current maintenance windows. Outages caused by call routing scripts or other customizations written or modified by end User or end user’s third party vendors (other than third party vendors acting as Verizon’s subcontractor).
SLA Exclusions. 11.1. The SLA does not apply to any performance or availability issues due to:
SLA Exclusions. SLAs do not apply and LightEdge is not responsible for failure to meet an SLA resulting from: - failure of Customer to comply with other LightEdge agreement terms including the Master Agreement and Acceptable Use Policy which substantially attributes to Service Failure. - failure of Customer to reasonably cooperate with LightEdge during testing, installation, maintenance or troubleshooting activities, and such cooperation is not provided after LightEdge notifies Customer that it is not cooperating, which substantially attributes to Service Failure or substantially extends the duration of Service Failure. - Service Failures solely caused by Customer or agent of Customer. - an inability to utilize Service due to a network issue outside of LightEdge control. For example, if Customer is unable to access their equipment collocated at a LightEdge data center because the Internet at their office went down, that does not constitute a Service Failure of the LightEdge Colocation Service. - failure to adhere to LightEdge recommended configurations as documented in Service Guides and communicated to Customer via Ticket prior to such Service Failure. - for any Services where Service Platform infrastructure must be deployed outside of a LightEdge data center, when Customer fails to provide suitable secure environment for infrastructure including but not limited to securely mounting/racking infrastructure, appropriate cooling and air handling of environment or securing infrastructure from theft. In addition, SLAs do not apply: - where Customer reports an SLA failure, but LightEdge does not find any SLA failure using commercially reasonable efforts to do so. - when a Service Failure could have reasonably been prevented or mitigated by Customer. For example, if LightEdge provides redundant Ethernet connections to Customer but Customer only utilizes one connection, and Service Incident or Problem would not have impacted Customer had they been properly utilizing the redundant connection provided by LightEdge.
SLA Exclusions. The SLA does not apply for any performance issues: (i) caused by factors described in the “Force Majeure” section of the Agreement; or (ii) that resulted from Customer’s equipment or Customer’s third party equipment, or both (not within the primary control of PredictSpring). EXHIBIT B PredictSpring, Inc. Subscriptions Services Major features provided by PredictSpring Mobile platform. These features are dependent on customer providing appropriate access to APIs and data.
SLA Exclusions. The Service Commitment does not apply to any Service unavailability or other performance issues: (a) caused by factors outside of Tealium’s reasonable control, including any Force Majeure event or Internet access or related problems beyond the demarcation point of Tealium’s network or the Delivery Network; (b) that result from any actions or inactions of Customer or any third party; (c) that result from Customer’s equipment, software or other technology or third party equipment, software or other technology (other than third party equipment within Tealium’s direct control); (d) arising from the suspension and termination of Customer’s right to use a Service in accordance with the MSA or arising while Customer is in violation of the MSA; or (e) arising from scheduled downtime for system or network maintenance.
SLA Exclusions. The Service Commitment does not apply to:
