Service Levels/Service Credits Clause Samples
The Service Levels/Service Credits clause defines the minimum performance standards that a service provider must meet and outlines the remedies available if these standards are not achieved. Typically, it specifies measurable criteria such as response times, uptime percentages, or resolution times, and details the process for monitoring and reporting performance. If the provider fails to meet these agreed service levels, the clause often entitles the customer to receive service credits, which are financial or service-based compensations. This clause ensures accountability, incentivizes high performance, and provides a clear mechanism for addressing service shortfalls.
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Service Levels/Service Credits. The Supplier shall at all times during term of this Agreement provide the Services to meet or exceed the Service Level Performance Measure for each Service Level Performance Criterion, as defined herein below. The Supplier acknowledges that any failure to meet a Service Level may have a material adverse impact on the business and operations of the Customer and that it shall entitle the Customer to the rights set out in this Agreement below, including the right to any Service Credits (as defined below). The Supplier acknowledges and agrees that any Service Credit is a price adjustment reflecting the value of any lost service caused by failure to meet a Service Level. Both Parties agree that the Service Credits are a reasonable method of price adjustment to reflect poor performance. Other than the Customer’s termination rights as set forth in the Contract, A Service Credit shall be the Customer’s exclusive financial remedy for a failure to meet a Service Level.
Service Levels/Service Credits. [Not applied] [OR] [In Annex 1 of Part A of Call Off Schedule 6 (Service Levels, Service Credits and Performance Monitoring)] Service Credit Cap (Call Off Schedule 1 (Definitions)): [Not applied] [OR] [For the purpose of limb (a) of the definition of Service Credit Cap in Call Off Schedule 1 (Definitions), the applicable percentage of the Estimated Year 1 Call Off Contract Charges shall be [ ]%] [For the purpose of limb (b) of the definition of Service Credit Cap in Call Off Schedule 1 (Definitions), the applicable percentage of Call Off Contract Charges shall be [ ]%] Customer periodic reviews of Service Levels (Clause 13.7.1 of the Call Off Terms): [Not applied] [OR] [For the purpose of clause 13.7.1 the total number of Service Level Performance Criteria for which the weighting is to be changed should not exceed [insert number]] Guidance Note: see Clause 13 (Service Levels and Service Credits) and Part A of Call Off Schedule 6 (Service Levels, Service Credits and Performance Monitoring). If Service Levels/Service Credits are required, populate the table in Annex 1 of Part A of Call Off Schedule 6 (Service Levels, Service Credits and Performance Monitoring). Service Credits will not be required in all contracts, but the higher the value, complexity or importance of the contract, the more likely that Service Credits will apply. If Service Credits have been applied: see Clause 36.2.1 in respect of the Supplier’s total financial liability for Service Credits. Populate the appropriate percentages of the Call Off Contract Charges that should apply to the definition of Service Credit Cap in Call Off Schedule 1 (Definitions). see Clause 13.7.1 In respect of the Customer’s right to periodically change the Service Level Performance Measures that underpin the Service Levels. Populate the maximum number of the Service Level Performance Criteria in respect of which the weightings may be changed. See the relevant definitions of the above mentioned capitalised terms in Call Off Schedule 1 (Definitions).
Service Levels/Service Credits. In Annex 1 of Part A of Call Off Schedule 6 (Service Levels, Service Credits and Performance Monitoring). Service Credit Cap (Call Off Schedule 1 (Definitions)): Customer periodic reviews of Service Levels (Clause 13.7.1 of the Call Off Terms):
Service Levels/Service Credits. Not applied.
Service Levels/Service Credits. [Specify any applicable Service Levels required for the on-going delivery of the Services (and not already specified in the Agreement or Specification. This should include any specific KPIs or SLAs that are not covered in the Agreement and which are specific to this engagement.]
Service Levels/Service Credits. Annex 2 (PMI Logger Analysis Tool Development Services and REMIT reporting services) and Annex 3 (Hosting & Maintenance Services) provide the Service Levels and Service Credits applicable to the Services (if any).
Service Levels/Service Credits. Should Zeus fail to perform the Maintenance Services in accordance with the Service Levels below, the Customer shall be entitled to claim the related Service Credit set out in the table below:
Service Levels/Service Credits. The Maintenance Services, including Maintenance of the PMI Logger Analysis tool’s extensions necessary for the execution of the Remit Reporting Services, are provided against SLAs: . . . .
Service Levels/Service Credits. 5.1 If the Service Provider fails to meet the agreed service parameters (SLA, availability ratio) as defined in Annex 1, it shall issue a credit note to the Customer (hereinafter: the “Service Credits”) in accordance with the provisions set out in Annex 1. Service Provider shall not be obliged to provide Service Credits to the Customer as long as the Customer is in default with any of its payment obligations.
5.2 In respect of the average availability of the Service the following cases shall not be considered as service outage:
a) scheduled maintenance reported in advance;
b) failure of Customer’s equipment;
c) CE router re-loads;
d) outages caused by Customer;
e) improper use of the Service by ▇▇▇▇▇▇▇▇;
f) Force majeure events as specified under Section 14; g) any failure of keeping safely the Service Provider’s Equipment as described under Section 6.
5.3 Notwithstanding anything to the contrary set forth herein, the Customer acknowledges and agrees that the Service Credits described herein shall be the sole and exclusive remedy of the Customer in connection with any outages, unavailability or breach by Service Provider of the SLA.
Service Levels/Service Credits. As stated in the Statement fo Requirements. Service Credit Cap (Lease Agreement Schedule 1 (Definitions)): Not applied Customer periodic reviews of Service Levels (Clause 16.7.1 of the Lease Agreement Terms): As stated in the Statement fo Requirements