Failure to Meet Availability Standards Clause Samples

Failure to Meet Availability Standards. In the event the Licensed Modules do not meet the Availability standard, County shall be eligible to receive a service credit as described below. Service credits are calculated as a percentage of the Fees paid by County for the Licensed Modules in a given billing cycle in accordance with the schedule below: Monthly Availability Service Credit Percentage Less than 99.5% but greater than or equal to 99.0% 10% Less than 99.0% but greater than or equal to 95% 15% Less than 95% 25% Contractor shall apply any service credits only against future payments or Fees otherwise due from County. At Contractor’s discretion, Contractor may issue the service credits as a refund in the original method of payment where no further fees are due or payable. County’s sole and exclusive remedy for any unavailability or failure to meet Availability standards or non-performance of failure by Contractor to provide the Licensed Modules is the receipt of Service Credits in accordance with the terms of this Contract. To be eligible for service credits, County will need to submit a written claim to Binti (▇▇▇@▇▇▇▇▇.▇▇▇) within thirty (30) days of the incident and include the following: 1. Identification of the Licensed Module with respect to which County is claiming the service credits, together with the specific dates, times and availabilities for the periods with less than 99.5% Availability 2. Any supporting documentation that supports the claimed outage All contractors who contract with the County of Orange ("County") shall work cooperatively to assist County in achieving the objectives and abide by the applicable terms under these Guidelines for all Controls one (1) thru six (6) below at all times during the term of its contract with County.
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Failure to Meet Availability Standards. In the event the Licensed Modules do not meet the Availability standard, Client will be eligible to receive a service credit as described below. Service credits are calculated as a percentage of the Fees paid by you for the Licensed Modules in a given billing cycle in accordance with the schedule below: Binti will apply any service credits only against future payments or Fees otherwise due from Client. At Binti’s discretion, ▇▇▇▇▇ may issue the service credits as a refund in the original method of payment where no further fees are due or payable. Client’s sole and exclusive remedy for any unavailability or failure to meet Availability standards or non performance of failure by Binti to provide the Licensed Modules is the receipt of Service Credits in accordance with the terms of this SLA. To be eligible for for service credits, Client will need to submit a written claim to Binti (▇▇▇@▇▇▇▇▇.▇▇▇) within thirty (30 ) days of the incident and include the following: Identification of the Licensed Module with respect to which Client is claiming the service credits, together with the specific dates, times and availabilities for the periods with less than 99.5% Availability Any supporting documentation that supports the claimed outage 3. Support. Binti will provide technical support (“Support”) to Client from 9 AM-10 PM ET Monday through Friday during the Term except for national holidays in the United States and June 19th. Support may be non-live and/or limited for up to four (4) days per year due to staff training To request Support, Client must contact Binti via Live Chat within ▇▇▇▇▇▇.▇▇▇▇▇.▇▇▇, via phone at ▇▇▇-▇▇▇-▇▇▇▇, or via email at ▇▇▇▇@▇▇▇▇▇.▇▇▇. Support will return/answer all messages received outside of the aforementioned hours during the following business day.
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Related to Failure to Meet Availability Standards

  • System Availability Although we will try to provide continuous access to the Service, we cannot and do not guarantee that the Service will be available 100% of the time and will not be liable in the event Service is unavailable. Actual service or network performance is dependent on a variety of factors outside of our control. If you notify us within twenty-four (24) hours and we confirm an outage consisting of a period of two (2) hours in any calendar month, and not due to any service, act, or omission of you, a third party, your applications, equipment or facilities, or reasons outside of our control, you shall be eligible for a service credit. A service credit shall be computed as a pro-rated charge for one day of the regular monthly fees for the Service in the next monthly statement. Intermittent service outages for periods of less than two (2) hours are not considered service outages. Outages caused by routine scheduled maintenance are also not considered an outage. You shall receive advance notice no less than forty-eight (48) hours in advance of our scheduled maintenance. Scheduled maintenance will be performed between 12:00 a.m. and 6:00 a.m. CST.

  • RDDS availability Refers to the ability of all the RDDS services for the TLD, to respond to queries from an Internet user with appropriate data from the relevant Registry System. If 51% or more of the RDDS testing probes see any of the RDDS services as unavailable during a given time, the RDDS will be considered unavailable.

  • General Availability The commitment to availability specified in the letter of appointment shall be subject to mutually acceptable revision. Such revision will occur once per year, or, if mutually agreed between the Employer and the employee, on a more frequent basis. The Employer will issue a revised letter of appointment to reflect approved changes to employee’s general availability.

  • Minimum Availability Borrower shall have minimum availability immediately following the initial funding in the amount set forth on the Schedule.

  • Product Availability Under no circumstances shall Company be responsible to Representative or anyone else for its failure to fill accepted orders, or for its delay in filling accepted orders, when such failure or delay is due to strike, accident, labor trouble, acts of nature, freight embargo, war, civil disturbance, vendor problems or any cause beyond Company's reasonable control.