Common use of Service Credit Amounts Clause in Contracts

Service Credit Amounts. If Customer detects an Unplanned Disruption or Error in the Services, Customer shall notify Service Provider. If any such Unplanned Disruption or Error prevents Customer from accessing a substantial part or essential feature of the Services (each such event, an “Access Disruption”), Service Provider shall acknowledge (by email) such notice from Customer within the applicable response time set forth in Section III. If, following such a response by Service Provider, and despite commercially reasonable efforts of Service Providers, such Access Disruption continues without a substantially effective remedy and the Services is available for less than 99.5% per calendar month, Customer shall receive, provided that the relevant Error did not result from a Customer Cause, a Service Credit, against its monthly maintenance fees (to be determined on a pro rata basis based on the percentage of down time in any given the calendar month, to be calculated and reasonably determined by Service Provider) as described below: (a) two (2) hours or more during Business Hours (as defined in Section III) in a given calendar month, then Service Provider shall provide a service credit to Customer in an amount equal to one percent of Customer’s monthly maintenance fee applicable to the relevant part or feature of the Services and in respect of the relevant calendar month; (b) four (4) hours or more during Business Hours in a given calendar month, then Service Provider shall provide a service credit to Customer in an amount equal to two percent of Customer’s monthly maintenance fee applicable to the relevant part or feature of the Services and in respect of the relevant calendar month; (c) eight (8) hours or more during Business Hours in a given calendar month, then Service Provider shall provide a service credit to Customer in an amount equal to four percent of Customer’s monthly maintenance fee applicable to the relevant part or feature of the Services and in respect of the relevant calendar month; and (d) twenty-four (24) hours or more during Business Hours in a given calendar month, then Service Provider shall provide a service credit to Customer in an amount equal to ten percent of Customer’s monthly maintenance fee applicable to the relevant part or feature of the Services and in respect of the relevant calendar month; provided, however, that Service Provider shall have no obligation to provide a service credit to Customer in respect of any Access Disruption that is caused by any Force Majeure Event (as defined in Section 11.4 of the Agreement) or Customer’s misuse of the Services.

Service Credit Amounts. If Customer detects an Unplanned Disruption or Error in the Services, Customer shall notify Service Provider. If any such Unplanned Disruption or Error prevents Customer from accessing a substantial part or essential feature of the Services (each such event, an “Access Disruption”), Service Provider shall acknowledge (by email) such notice from Customer within the applicable response time set forth in Section III. If, following such a response by Service Provider, and despite commercially reasonable efforts of Service Providers, such Access Disruption continues without a substantially effective remedy and the Services is available for less than 99.5% per calendar month, Customer shall receive, provided that the relevant Error did not result from a Customer Cause, a Service Credit, against its monthly maintenance fees (to be determined on a pro rata basis based on the percentage of down time in any given the calendar month, to be calculated and reasonably determined by Service Provider) as described below: (a) two (2) hours or more during Business Hours (as defined in Section III) in a given calendar month, then Service Provider shall provide a service credit to Customer in an amount equal to one percent of Customer’s monthly maintenance fee applicable to the relevant part or feature of the Services and in respect of the relevant calendar month; (b) four (4) hours or more during Business Hours in a given calendar month, then Service Provider shall provide a service credit to Customer in an amount equal to two percent of Customer’s monthly maintenance fee applicable to the relevant part or feature of the Services and in respect of the relevant calendar month; (c) eight (8) hours or more during Business Hours in a given calendar month, then Service Provider shall provide a service credit to Customer in an amount equal to four percent of Customer’s monthly maintenance fee applicable to the relevant part or feature of the Services and in respect of the relevant calendar month; and (d) twenty-four (24) hours or more during Business Hours in a given calendar month, then Service Provider shall provide a service credit to Customer in an amount equal to ten percent of Customer’s monthly maintenance fee applicable to the relevant part or feature of the Services and in respect of the relevant calendar month; provided, however, that Service Provider shall have no obligation to provide a service credit to Customer in respect of any Access Disruption that is caused by any Force Majeure Event (as defined in Section 11.4 15.5 of the Agreement) or Customer’s misuse of the Services.

Service Credit Amounts. If Customer detects an Unplanned Disruption or Error in the Services, Customer shall notify Service Provider. If any such Unplanned Disruption or Error prevents Customer from accessing a substantial part or essential feature of the Services (each such event, an “Access Disruption”), Service Provider shall acknowledge (by email) such notice from Customer within the applicable response time set forth in Section III. If, following such a response by Service Provider, and despite commercially reasonable efforts of Service Providers, such Access Disruption continues without a substantially effective remedy and the Services is available for less than 99.5% per calendar month, Customer shall receive, provided that the relevant Error did not result from a Customer Cause, a Service Credit, against its monthly maintenance fees (to be determined on a pro rata basis based on the percentage of down time in any given the calendar month, to be calculated and reasonably determined by Service Provider) as described below: (a) two (2) hours or more during Business Hours (as defined in Section III) in a given calendar month, then Service Provider shall provide a service credit to Customer in an amount equal to one percent of Customer’s monthly maintenance fee applicable to the relevant part or feature of the Services and in respect of the relevant calendar month; (b) four (4) hours or more during Business Hours in a given calendar month, then Service Provider shall provide a service credit to Customer in an amount equal to two percent of Customer’s monthly maintenance fee applicable to the relevant part or feature of the Services and in respect of the relevant calendar month; (c) eight (8) hours or more during Business Hours in a given calendar month, then Service Provider shall provide a service credit to Customer in an amount equal to four percent of Customer’s monthly maintenance fee applicable to the relevant part or feature of the Services and in respect of the relevant calendar month; and (d) twenty-four (24) hours or more during Business Hours in a given calendar month, then Service Provider shall provide a service credit to Customer in an amount equal to ten percent of Customer’s monthly maintenance fee applicable to the relevant part or feature of the Services and in respect of the relevant calendar month; providedp rovided, however, that Service Provider shall have no obligation to provide a service credit to Customer in respect of any Access Disruption that is caused by any Force Majeure Event (as defined in Section 11.4 15.4 of the Agreement) or Customer’s misuse of the Services.