Excessive Service Degradation Sample Clauses
The Excessive Service Degradation clause defines the rights and remedies available when the quality or performance of a service falls below an agreed-upon standard for an extended period. Typically, this clause outlines specific thresholds or metrics that, if not met, trigger obligations such as service credits, corrective action, or even the right to terminate the agreement. For example, if a cloud service experiences repeated outages or slowdowns beyond what is contractually permitted, this clause would govern the response. Its core function is to protect the customer from prolonged poor service and incentivize the provider to maintain consistent performance.
Excessive Service Degradation. If the Service experiences latency greater than two times the applicable threshold for a sustained period of two hours or more, the time for which that latency is experienced shall be considered a period of Service Unavailability for the purposes of Section 3.1 above, entitling the customer to the applicable remedies provided for in those Sections in lieu of a credit under Section 3.2.3.
Excessive Service Degradation. If, at any time, the Service experiences jitter greater than two times the applicable threshold above for a sustained period of two hours or more, the time for which that jitter is experienced shall be considered a period of Service Unavailability for the purposes of Sections 4.1.2 through
Excessive Service Degradation. If, at any time, the Service experiences latency greater than three time the applicable threshold above for a sustained period of two hours or more, the time for which that latency is experienced shall be considered a period of “Network Unavailability” for the purposes of Section 1 above entitling the customer to the applicable credit provided for that Section in lieu of a credit under this section 2.
Excessive Service Degradation. If, at any time, either (i) IP VPN Service experiences packet delivery below 99.9% for Premium Plus CoS, 99.5% for Premium CoS or 99.0% for Enhanced Plus CoS , 98.5% for Enhanced CoS for a sustained period of two hours or more, or (ii) Basic, Basic Plus CoS or DIA Service experience packet delivery below 95.0% globally, periods for which such reduced packet delivery is experienced shall be considered periods of Service Unavailability for the purposes of Sections 4.1.2 through 4.1.5 above, entitling the customer to the applicable remedies provided for in those Sections in lieu of a credit under Section 4.5.3. This provision does not apply (i) to IP VPN or DIA Services provided on partner networks, or (ii) in the case of IP VPN Service with Premium or Premium Plus CoS, where the drop in packet delivery arises as a result of Customer sending more Premium or Premium Plus Class traffic than allocated / specified for the applicable IP VPN port(s). This Section 4.5.4 applies only to ports provided at On-Net Sites as defined in Section 4.0.
Excessive Service Degradation. If, at any time, the Service experiences packet delivery below 99.9% (ninety nine point nine percent) for Premium QoS or 99.0% (ninety nine percent) for Enhanced QoS for a sustained period of two hours or more, the period for which such reduced packet delivery is experienced shall be considered a period of Service Unavailability for the purposes of Section 2.1 above entitling the customer to the applicable credit provided for in that section in lieu of a credit under this section 2.3. This provision does not apply (i) to Basic QoS Service, (ii) to VPN Services provided on partner networks, or (iii) where the drop in packet delivery arises as a result of Customer sending more Premium Class traffic than allocated in total (Committed plus Reserved) on any given port(s).
Excessive Service Degradation. If, at any time, the Service experiences packet delivery below 95.0% (ninety five percent) in North America and Europe, or 92.0% (ninety two percent) globally, for a sustained period of two hours or more, the period for which such reduced packet delivery is experienced shall be considered a period of Service Unavailability for the purposes of Section 2.1 above entitling the customer to the applicable credit provided for in that section in lieu of a credit under this section 2.3
Excessive Service Degradation. If, at any time, the Service experiences jitter greater than three times the applicable threshold above for a sustained period of two hours or more, the time for which that latency is experienced shall be considered a period of Service Unavailability for the purposes of Section 2.1 above entitling the customer to the applicable credit provided for in that section in lieu of a credit under this section 2.4. This provision does not apply to Basic QoS Service, nor to VPN Services provided on partner networks.
Excessive Service Degradation. If, at any time, the Service experiences latency greater than (a) three times the applicable threshold above in the case of intra-regional latency metrics or (b) two times the applicable threshold above in the case of inter-regional latency metrics, in either case for a sustained period of two hours or more, the time for which that latency is experienced shall be considered a period of Service Unavailability for the purposes of Sections 4.1.2 through 4.1.5 above, entitling the customer to the applicable remedies provided for in those Sections in lieu of a credit under Section 4.4.3. This Section 4.4.4 applies only to ports provided at On-Net Sites.
Excessive Service Degradation. If, at any time, the Service experiences either packet delivery below 95.0% in North America and Europe, or 92.0% globally, periods the time for which that packet loss is experienced shall be considered a period of “Network Unavailability” for the purposes of Section 2 above entitling the customer to the applicable credit provided for that Section in lieu of a credit under this section 4.
Excessive Service Degradation. If, at any time, the Service experiences Latency greater than 35 milliseconds for a sustained period of two hours or more, the time for which that Latency is experienced shall be considered a period of Network Unavailability, entitling Customer to the applicable Service Credit under Section 5.1, in lieu of a Service Credit under Section 5.2.3.