Availability Credits Clause Samples

Availability Credits a. To submit a Claim, you must log a Severity 1 support ticket (as defined below in the Technical Support section) for each Event with the IBM technical support help desk, within twenty-four (24) hours of your first becoming aware that the Event has impacted your use of the Cloud Service. You must provide all necessary information about the Event and reasonably assist IBM with the diagnosis and resolution of the Event. b. You must submit your Claim for an Availability Credit no later than three (3) business days after the end of the Contracted Month in which the Claim arose. c. Availability Credits are based on the duration of the Downtime measured from the time you report that you were first impacted by the Downtime. For each valid Claim, IBM will apply the highest applicable Availability Credit based on the achieved Service Level during each Contracted Month, as shown in the table below. IBM will not be liable for multiple Availability Credits for the same Event in the same Contracted Month. d. The total Availability Credits awarded with respect to any Contracted Month shall not, under any circumstance, exceed 10 percent (10%) of one twelfth (1/12th) of the annual charge paid by you to IBM for the Cloud Service.

Availability Credits i. In order to submit a Claim, you must log a Severity 1 support ticket for each Event with the IBM customer support help desk, within twenty-four (24) hours of your first becoming aware that the Event has impacted your use of the Service. You must provide all necessary detailed information about the Event and reasonably assist IBM with the diagnosis and resolution of the Event. ii. You must submit your Claim for an Availability Credit no later than three (3) business days after the end of the Contracted Month that is the subject of the Claim. iii. Availability Credits will be based on the duration of the Downtime measured from the time you report that you were first impacted by the Downtime. For each valid Claim, IBM will apply the highest applicable Availability Credit based on the achieved Service Level during each Contracted Month, as shown in the table below. IBM will not be liable for multiple Availability Credits for the same Event in the same Contracted Month. iv. For Bundled Services (individual Services packaged and sold together for a single combined price), the Availability Credit will be calculated based on the single combined monthly price for the Bundled Service, and not the monthly subscription fee for each individual Service. You may only submit Claims relating to one individual Service in a bundle in any Contracted Month, and IBM will not be liable for Availability Credits with respect to more than one Service in a bundle in any Contracted Month. v. The total Availability Credits awarded with respect to any Contracted Month shall not, under any circumstance, exceed 10 percent (10%) of one twelfth (1/12th) of the annual charge paid by you to IBM for the Service.

Availability Credits. Provider’s failure to comply with Service Availability Service Level shall be deemed a Default for the purposes of this Schedule 4.1 for which service credits shall be awarded to the applicable Recipient Party (“Availability Credits”). Availability Credits shall be awarded for a Default regarding Provider’s obligations pursuant to Section 2.1.2 of this Schedule 4.1 in accordance with the following table: Service Availability (for each Measurement Period) Availability Credits (as a percentage of the Payment Processing Fees payable for such Measurement Period) Greater than or equal to 99% but less than 99.8% 0.2% for every 0.1% below 99.8 % Greater than or equal to 90% but less than 99% 0.15% for every 0.5% below 99 % Greater than or equal to 50% but less than 90% 0.1% for every 1% below 90 % Lower than 50% 100 % For example, if the Service Availability over a Measurement Period pursuant to Section 2.1.2 of this Schedule 4.1 is determined to be 98% for a Recipient Party, Provider shall award an Availability Credit to such Recipient Party in an amount equal to 1.9% of the Payment Processing Fees payable by such Recipient Party to Provider for such Measurement Period (i.e., the sum of (a) (99.8-99.0)/0.1) x 0.2% and (b) (99.0-98.0)/0.5) x 0.15%).

Availability Credits a. In order to submit a Claim, you must have logged a support ticket for each Event with the IBM customer support help desk for the applicable Service. You must provide the necessary detailed information about the Event, including the time you were first impacted by the Event, and reasonably assist IBM with the diagnosis and resolution of the Event to the extent required for Severity 1 support tickets. Such ticket must be logged within twenty-four (24) hours of your first becoming aware that the Event has impacted your use of the Service. b. You must submit the Claim for an Availability Credit no later than three (3) business days after the end of the Contracted Month that is the subject of the Claim. c. IBM will measure internally total combined Downtime during each Contracted Month applicable to the corresponding Service Level shown on the table below. Availability Credits will be based on the duration of the Downtime measured from the time you report that you were first impacted by the Downtime. For each valid Claim, IBM will apply the highest applicable Availability Credit based on the achieved Service Level during each Contracted Month, as shown on the tables below. IBM will not be liable for multiple Availability Credits for the same Event(s) in the same Contracted Month. d. The total Availability Credits awarded with respect to any Contracted Month shall not, under any circumstance, exceed twelve percent (12%) of one twelfth (1/12th) of the annual charge paid by you to IBM for the Service.

Availability Credits a. To submit a Claim, you must log a Severity 1 support ticket for each Event with the IBM technical support help desk, within twenty-four (24) hours of your first becoming aware that the Event has impacted your use of the Service. You must provide all necessary information about the Event and reasonably assist IBM with the diagnosis and resolution of the Event. b. You must submit your Claim for an Availability Credit no later than three (3) business days after the end of the Contracted Month in which the Claim arose. c. Availability Credits are based on the duration of the Downtime measured from the time you report that you were first impacted by the Downtime. If you report an Event of Application Downtime and an Event of Data Processing Downtime occurring simultaneously, then IBM will treat the overlapping periods of Downtime as a single period of Downtime, and not as two separate periods of Downtime. For each valid Claim, IBM will apply the highest applicable Availability Credit based on the achieved Service Level during each Contracted Month, as shown in the table below. IBM will not be liable for multiple Availability Credits for the same Event in the same Contracted Month. d. The total Availability Credits awarded with respect to any Contracted Month shall not, under any circumstance, exceed 20 percent (20%) of one twelfth (1/12th) of the annual charge paid by you to IBM for the Service.

Availability Credits. If TDC Network Availability measured for any completed calendar month is below the SLA, TDC will issue a credit (“Availability Credit”) against one month’s MRCs within sixty (60) days of the loss of Service Availability incident. The Availability Credit will be calculated as follows:

Availability Credits a. To submit a Claim, you must log a Severity 1 support ticket for each Event with the IBM technical support help desk, within twenty-four (24) hours of your first becoming aware that the Event has impacted your use of the Service. You must provide all necessary information about the Event and reasonably assist IBM with the diagnosis and resolution of the Event. b. You must submit your Claim for an Availability Credit no later than three (3) business days after the end of the Contracted Month in which the Claim arose. c. You must provide to IBM all reasonable details regarding the Claim, including but not limited to, detail descriptions of all relevant Events and the Service Level claimed to not have been met. d. Availability Credits are based on the duration of the Downtime measured from the time you report that you were first impacted by the Downtime. For each valid Claim, IBM will apply the highest applicable Availability Credit based on the achieved Service Level during each Contracted Month, as shown in the table below. IBM will not be liable for multiple Availability Credits for the same Event in the same Contracted Month.. e. The total Availability Credits awarded with respect to any Contracted Month shall not, under any circumstance, exceed 10 percent (10%) of one twelfth (1/12th) of the annual charge paid by you to IBM for the Service.

Availability Credits a) In the event Unify fails to meet the availability targets for the Subscribed Unify Cloud Services for the Contracted Month, you may claim an Availability Credit with your Contracting Party as per the table below. You must submit your claim to an Availability Credit through your Customer Contact with your Contracting Party no later than ten (10) Business Days after the invoice date. The service request must contain a copy of the invoice and reasonable details on the claimed downtime and the availability level not met by Unify. Your Contracting Party will pass the claim on to Unify. Unify is obligated to verify with reasonable judgement the claimed Downtime and respond to the claim back to your Contracting Party within ten (10) Business Days if the claim could be verified by Unify (Verified Downtime) and which Availability Credit will be applied. b) The following Availability Credits refer to the Service Packages and Package options described in more detail in Product and Service Description (PSD), which is provided by your Contracting Party, and they will be applied to achieved Availability Levels: Achieved Availability Level Availability Credit per Service Package < 99.9 % but > 99.5% 2.5% – – < 99.5% but > 99.0% 5% 2.5% – < 99.0% but > 98.5% 7.5% 5% 2.5% < 98.5% but > 98.0% 10% 7.5% 5% < 98.0% but > 97.5% 12.5% 10% 7.5% < 97.5% but > 97.0% 15% 12.5% 10% < 97.0% but > 96.5% 17.5% 15% 12.5% < 96.5% but > 96.0% 20% 17.5% 15% < 96.0% but > 95.5% 22.5% 20% 17.5% < 95.5% but > 95.0% 25% 22.5% 20% < 95.0% but > 90.0% 50% 25% 22.5% < 90.0% 100% 50% 25% For Package Options, the SLA credits for “ENTERPRISE” apply. Calculation: • Availability Credits refer to the invoice of the billing period which is subject to the claim. • Credited Amount is calculated by multiplying the Availability Credits with the respective invoice amounts for each Service Package and Package Options and taking the sum over these products. • The Achieved Availability Level is calculated as follows: the difference between (a) the total number of minutes of the Contracted Month less (b) the total number of minutes of the Qualified Downtime, divided by (c) the total number of minutes of the Contracted Month. • The Qualified Downtime is calculated as follows: Verified Downtime less (a) the total number of minutes of Scheduled Maintenance and Emergency Maintenance of the Contracted Month and (b) the total number of minutes of Availability Exceptions, as defined above. Example for the calculation...

Availability Credits. If System Availability during any given calendar month falls below the level set forth above, then Customer may obtain a service level credit (such credit, the “Availability Credit”) equal to the percentage of the monthly fees paid to Alert Logic for the month in which the Availability Service Level failure occurred, as set forth in the table below: Less than 99.5% to 98.5% 5% Less than 98.5% to 97.5% 10% Less than 97.5% to 96.5% 15% Less than 96.5% to 95% 20% Less than 95% 25%