Common use of Service Availability and Credits Clause in Contracts

Service Availability and Credits. 8.1. Overall Service Availability 8.1.1. OUTSOURCE TELECOM aims to provide the Service with a target of 100% availability at all times, subject to the terms of this Agreement. 8.1.2. If there is an Outage, based on OUTSOURCE TELECOM’s data, OUTSOURCE TELECOM will apply a reduction to the Customer’s rental charge for the Service as follows, provided the Customer reports the Outage and claims for a reduction to the rental charge in accordance with 8.1: a) where the Outage Period is greater than the limits set in 7.4.1, OUTSOURCE TELECOM will apply a credit equivalent to one (1) day's rental charge per hour of downtime for that Service in excess of the target resolution. For the purpose of calculating the Outage Period, a fraction of one (1) hour will be rounded-up to the nearest hour; b) where the Customer has taken an OUTSOURCE TELECOM Resilient option and experiences an Outage, OUTSOURCE TELECOM, in accordance with this paragraph, will apply a reduction to the rental charges of both the primary and secondary links. 8.1.3. For the purposes of this clause 8.1, overall service availability excludes: a) scheduled Maintenance Events as described in clause 6.3; b) Client-caused or third party-caused outages or disruptions (except to the extent that such outages or disruptions are caused by those duly authorised third parties sub-contracted by OUTSOURCE TELECOM to provide the Service); or c) outages or disruptions attributable in whole or in part to force majeure events;