Clauses > Service Level Agreement Remedies


Standard Performance Agreement 


1. Service Levels

1.1. Service Levels. The Provider shall perform the Services so as to meet or exceed the service levels set forth in Exhibit A and any applicable Statement of Work ("Service Levels").

1.2. Error or Delay. The Provider's sole responsibility to the Client is:

(a) for errors or omissions in Services, shall be to furnish correct information, payment and/or adjustment in the Services, at no additional cost or expense to Client; provided, Client must promptly advise Provider of any such error or omission of which it becomes aware; and

(b) for failure to deliver any service because of Impracticability, shall be to use reasonable efforts to make the Services available and/or to resume performing the Services as promptly as reasonably practicable.


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2. ]Service Levels. The [PARTY A] shall provide the Service to the [PARTY B] with an availability of at least [98]% during each calendar month in accordance with the Service Level Agreement in Schedule A.


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Service Levels. [PARTY A] shall provide the Service to [PARTY B] with a System Availability of at least [98]% during each calendar month.

System Availability. "System Availability" means the number of minutes in a month that the key components of the Service in [PARTY B]'s production environment are operational as a percentage of the total number of minutes in such month, excluding downtime resulting from

 scheduled maintenance,

 events of force majeure as defined in the Software as a Service Agreement,

 malicious attacks on the system,

 issues associated with [PARTY B]'s computing devices, local area networks or internet service provider connections, or

 inability to deliver services because of acts or omissions of [PARTY B].

System Maintenance. [PARTY A] reserves the right to

take the Service offline for scheduled maintenance for which it has provided [PARTY B] with reasonable notice, and

change its maintenance window upon prior notice to [PARTY B].


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Service Levels. The [PARTY A] shall provide the Service to the [PARTY B] with a System Availability of at least [98]% during each calendar month.

System Availability. "System Availability" means the number of minutes in a month that the key components of the Service in [PARTY B]'s production environment are operational as a percentage of the total number of minutes in such month, excluding downtime resulting from

scheduled maintenance,

events of force majeure as defined in the Software as a Service Agreement,

malicious attacks on the system,

issues associated with the [PARTY B]'s computing devices, local area networks or internet service provider connections, or

inability to deliver services because of acts or omissions of [PARTY B].

Service Credits. For each full percentage point less than the System Availability percent, the [PARTY B] shall receive a service credit in the amount of [5%] of the monthly service fee, up to a maximum of [30%] to be applied to the next month's service fee.

Notice Requirements. In order to receive any service credits, [PARTY B] must notify [PARTY A] within 30 days from the time [PARTY B] becomes eligible to receive a service credit. Failure to comply with this requirement will forfeit [PARTY B]'s right to receive a service credit.

System Maintenance. The [PARTY A] reserves the right to

take the Service offline for scheduled maintenance for which it has provided the [PARTY B] with reasonable notice, and

change its maintenance window upon prior notice to the [PARTY B].


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1. ]Service Levels. The [PARTY A] shall provide the Service to the [PARTY B] with a System Availability of at least [98]% during each calendar month.

1.1.] System Availability. "System Availability" means the number of minutes in a month that the key components of the Service in [PARTY B]'s production environment are operational as a percentage of the total number of minutes in such month, excluding downtime resulting from

(a)] scheduled maintenance,

(b)] events of force majeure as defined in the Software as a Service Agreement),

(c)] malicious attacks on the system,

(d)] issues associated with the [PARTY B]'s computing devices, local area networks or internet service provider connections,

(e)] inability to deliver services because of acts or omissions of [PARTY B].

1.2.] Service Credits. For each full percentage point less than the System Availability percent, the [PARTY B] shall receive one additional days' service, up to a maximum of [10] days' service to be added to the end of the term without additional charge to the [PARTY B]

1.3.] Notice Requirements. In order to receive any service credits, [PARTY B] must notify [PARTY A] within 30 days from the time [PARTY B] becomes eligible to receive a service credit. Failure to comply with this requirement will forfeit [PARTY B]'s right to receive a service credit.

1.4.] System Maintenance. The [PARTY A] reserves the right to

(a)] take the Service offline for scheduled maintenance for which it has provided the [PARTY B] with reasonable notice and

(b)] change its maintenance window upon prior notice to the [PARTY B].


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Service Levels. [PARTY A] will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for:

planned downtime and,

any unavailability caused by circumstances beyond [PARTY A]'s reasonable control.


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