Common use of Service Commitments Clause in Contracts

Service Commitments. BetterUp will make the BetterUp Platform available at a Quarterly Uptime Percentage Threshold of 99.9% of the time each quarter. If BetterUp’s Actual Quarterly Uptime Percentage is below the Quarterly Uptime Percentage Threshold in a given calendar quarter, then Company will receive a Service Credit as described in the table below. Alternatively, if BetterUp’s Actual Quarterly Uptime Percentage is below 95.0% in any given calendar quarter, then Company may terminate any impacted Order by providing thirty (30) days advance written notice and BetterUp will issue a prorated refund for Services not rendered. Company must deliver any such termination notice within fourteen (14) days of the close of such calendar quarter. This Section describes Company’s sole remedy for BetterUp’s failure to meet the Quarterly Uptime Percentage Threshold. < 99.9% - >= 99.0% 3 < 99.0% - >= 95.0% 7 < 95.0% 15 Availability of the BetterUp Platform is continuously measured and the availability monitoring service reports are accessible at ▇▇▇▇▇://▇▇▇▇▇▇.▇▇▇▇▇▇▇▇.▇▇/. BetterUp may adjust the measure of availability to account for any exclusions applicable to such period.

Appears in 2 contracts

Sources: Software as a Service Agreement, Software as a Service Agreement

Service Commitments. BetterUp will make the BetterUp Platform available at a Quarterly Uptime Percentage Threshold of 99.9% of the time each quarter. If BetterUp’s Actual Quarterly Uptime Percentage is below the Quarterly Uptime Percentage Threshold in a given calendar quarter, then Company will receive a Service Credit as described in the table belowbelow . Alternatively, if BetterUp’s Actual Quarterly Uptime Percentage is below 95.0% in any given calendar quarter, then Company may terminate any impacted Order by providing thirty (30) days advance written notice and BetterUp will issue a prorated refund for Services not rendered. Company must deliver any such termination notice within fourteen (14) days of the close of such calendar quarter. This Section describes Company’s sole remedy for BetterUp’s failure to meet the Quarterly Uptime Percentage Threshold. < 99.9% - >= 99.0% 3 < 99.0% - >= 95.0% 7 < 95.0% 15 Availability of the BetterUp Platform is continuously measured and the availability monitoring service reports are accessible at ▇▇▇▇▇://▇▇▇▇▇▇.▇▇▇▇▇▇▇▇.▇▇/. BetterUp may adjust the measure of availability to account for any exclusions applicable to such period.

Appears in 1 contract

Sources: Enterprise Agreement

Service Commitments. BetterUp will make the BetterUp Platform available at a Quarterly Uptime Percentage Threshold of 99.9% of the time each quarter. If BetterUp’s Actual Quarterly Uptime Percentage is below the Quarterly Uptime Percentage Threshold in a given calendar quarter, then Company will receive a Service Credit as described in the table below. Alternatively, if BetterUp’s Actual Quarterly Uptime Percentage is below 95.0% in any given calendar quarter, then Company may terminate any impacted Order by providing thirty (30) days advance written notice and BetterUp will issue a prorated refund for BetterUp Services not rendered. Company must deliver any such termination notice within fourteen (14) days of the close of such calendar quarter. This Section describes Company’s sole remedy for BetterUp’s failure to meet the Quarterly Uptime Percentage Threshold. < 99.9% - >= 99.0% 3 < 99.0% - >= 95.0% 7 < 95.0% 15 Availability of the BetterUp Platform is continuously measured and the availability monitoring service reports are accessible at ▇▇▇▇▇://▇▇▇▇▇▇.▇▇▇▇▇▇▇▇.▇▇/. BetterUp may adjust the measure of availability to account for any exclusions applicable to such period.

Appears in 1 contract

Sources: Betterup Enterprise Software as a Service Agreement