Common use of Packet Delivery Guarantee Clause in Contracts

Packet Delivery Guarantee. Except in the event of Facilities Maintenance, Customer Maintenance and Force Majeure conditions, QUALITYTECH guarantees Network Packet Loss (“Packet Guarantee”) of less than [***] monthly average measured from the QUALITYTECH switch port to the QUALITYTECH transit routers (“Network”). It is mutually understood that customers who order fixed Committed Data Rates (not Burstable), may necessarily suffer packet losses should volume exceed the fixed Committed Data Rate Ordered, and customers who purchase Burstable bandwidth may necessarily suffer packet losses should volume exceed the Burstable access Ordered. As such, the remedy (Service Level Credit) is only available for packet losses occurring within the ordered bandwidth. Packet Delivery Remedy. In the event QUALITYTECH fails to meet the Packet Guarantee, Customer will receive a credit equal to [***] Monthly Recurring Charges for Internet Access for every [***] percent (or portions thereof) over the guaranteed [***] monthly average.

Packet Delivery Guarantee. Except in the event of Facilities MaintenanceMaintenance (subject to the notice requirements of Section 1.5), Customer Maintenance and Force Majeure conditions, QUALITYTECH QTS guarantees Network Packet Loss (“Packet Guarantee”) of less than [***] * monthly average measured from the QUALITYTECH QTS switch port to the QUALITYTECH QTS transit routers (“Network”). It is mutually understood that customers who order fixed Committed Data Rates (not Burstable), may necessarily suffer packet losses should volume exceed the fixed Committed Data Rate Orderedordered, and customers who purchase Burstable bandwidth may necessarily suffer packet losses should volume exceed the Burstable access Orderedordered. As such, the remedy (Service Level Credit) is only available for packet losses occurring within the ordered bandwidth. Packet Delivery Remedy. In the event QUALITYTECH QTS fails to meet the Packet Guarantee, Customer will receive a credit Service Level Credit equal to [***] Monthly Recurring Charges for Internet Access * for every [***] percent * (or portions thereof) over the guaranteed [***] * monthly average.