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In the event CloudSearch does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below. | 1 | RIGHT |
Unless otherwise provided in the Agreement, your sole and exclusive remedy for any Unavailability or non-performance or other failure by us to provide CloudSearch is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA. | 1 | RIGHT |
If Amazon CloudFront fails to meet the Service Commitment, you may be eligible to receive a Service Credit as described below. | 1 | RIGHT |
Unless otherwise specified in the AWS Agreement, your only and exclusive remedy for any unavailability, non-performance, or other failure by us to provide Amazon CloudFront is to receive a Service Credit (if eligible) in accordance with the terms of this SLA. | 1 | RIGHT |
You may be entitled to receive a Service Credit if Amazon Cloud Directory fails to meet the Service Commitment, as outlined below. | 1 | RIGHT |
Your exclusive remedy, unless stated otherwise in the AWS Agreement, for any unavailability, non-performance, or other failure on our part to provide Amazon Cloud Directory is to receive a Service Credit (if eligible), in accordance with the terms outlined in this SLA. | 1 | RIGHT |
Should Amazon Chime SDK not meet the Service Commitment, you can receive a Service Credit as detailed below. | 1 | RIGHT |
Unless the AWS Agreement specifies otherwise, the only recourse for any failure by us to provide Amazon Chime SDK is the receipt of a Service Credit (if eligible) as per the terms of this SLA. | 1 | RIGHT |
If Amazon Chime fails to meet the Service Commitment, you may receive a Service Credit according to the terms described below. | 1 | RIGHT |
If we fail to provide Amazon Chime or it becomes unavailable, your only recourse, unless specified otherwise in the AWS Agreement, is to receive a Service Credit (if eligible) as per the terms of this SLA. | 1 | RIGHT |
You are entitled to receive a Service Credit as described below if Amazon Braket does not fulfill the Service Commitment. | 1 | RIGHT |
You have no other option for any failure by us to provide Amazon Aurora except to receive Service Credits (if eligible) as per the terms described in this SLA, unless the Agreement states otherwise. | 1 | RIGHT |
Should Athena fail to meet the Service Commitment, you can receive a Service Credit in accordance with the following terms. | 1 | RIGHT |
In case of any unavailability, non-performance, or other failure by us to provide Athena, you have the only remedy of receiving Service Credits (if eligible) according to the terms specified in this SLA, unless the Agreement states otherwise. | 1 | RIGHT |
Should Amazon AppStream 2.0 not fulfill the Service Commitment, you are entitled to a Service Credit according to the terms described below. | 1 | RIGHT |
Should the Service Commitment not be met by an API Gateway, you may be entitled to receive a Service Credit as outlined below. | 1 | RIGHT |
We will apply any Service Credits only against future Alexa for Business payments otherwise due from you. | 1 | RIGHT |
At our discretion, we may issue the Service Credits to the credit card you used to pay for the billing cycle in which the unavailability occurred. | 1 | RIGHT |
Then you may be eligible for a credit towards a portion of your monthly service fees. | 1 | RIGHT |
For example, if you purchased both Exchange Online and Share Point Online (not as part of a suite), and during the term of the subscription an Incident caused Downtime for both Services, then you could be eligible for two separate Service Credits (one for each Service), by submitting two claims under this SLA. | 1 | RIGHT |
For these Services, any Service Credit that you may be eligible for will be credited in the form of service time (i.e., days) as opposed to service fees, and any references to “Applicable Monthly Service Fees” is deleted and replaced by “Applicable Monthly Period.” | 1 | RIGHT |
With respect to Exchange Online and EOP licensed as a standalone Service or via ECAL suite, or Exchange Enterprise CAL with Services, you may be eligible for Service Credits if we do not meet the Service Level described below for: (1) Virus Detection and Blocking, (2) Spam Effectiveness, or (3) False Positive | 1 | RIGHT |
EOP will notify you and work with you to identify and remove it. | 1 | RIGHT |
If we fail to meet the Service Level Agreement for Uptime and Email Delivery for EOP licensed as a standalone Service, ECAL suite, or Exchange Enterprise CAL with Services, you may qualify for Service Credits. | 1 | RIGHT |
With respect to EOP licensed as a standalone Service, ECAL suite, or Exchange Enterprise CAL with Services, you may be eligible for Service Credits if we do not meet the Service Level described below for (1) Uptime and (2) Email Delivery. | 1 | RIGHT |
If the Monthly Uptime Percentage for EOP falls below 99.999% for any given month, you may be eligible for the following Service Credit. | 1 | RIGHT |
Notwithstanding anything to the contrary, if as a result of an incident, You are entitled to receive Service Credits for a particular Cloud Service under multiple Service Level Agreements described in this document | 1 | RIGHT |
Then You may receive Service Credits only under the Service Level Agreement for such Cloud Service which provides for the highest amount of Service Credits to You. | 1 | RIGHT |
In addition, notwithstanding anything to the contrary, if Your order with Oracle provides a right to receive a higher amount of Service Credits in the event of an incident with a Cloud Service, then You may receive Service Credits only under the provision which provides for the highest amount of Services Credits to You for such Cloud Service. | 1 | RIGHT |
Then You may receive Service Credits as a result of the Inter-Related Unavailability only for the Primary Service, but not such other Cloud Service (i.e., the Inter-Related Unavailability will be excluded from the calculation of whether or not such other Cloud Service meets its Service Commitment). | 1 | RIGHT |
Oracle in its sole discretion may remove or modify an Always Free Cloud Service from the Always Free category (a “Removed Service”) at any time. | 1 | RIGHT |
If Your WAF Services suffer from a Layer 7 DDoS attack during a WAF Period, leading to Excess Consumption, You have the option to request WAF Service Credits based on the following guidelines. | 1 | RIGHT |
If during a WAF Period a Layer 7 DDoS attack on Your deployed WAF Services results in You incurring Excess Consumption, then You may seek to receive WAF Service Credits in accordance with the following criteria. | 1 | RIGHT |
Then You may submit a claim for WAF Service Credits either through the “My Oracle Support” portal or by contacting Your Oracle account manager. | 1 | RIGHT |
Any unused WAF Service Credits granted at the end of the Services Period will be carried forward to the next period if you execute a replenishment order for the Funded Allocation Model. The credits will be subtracted from your first invoice for Cloud Services under that order. | 1 | RIGHT |
If at the end of the Services Period in which the WAF Services Credits were granted, You have any remaining unused WAF Service Credits, and You execute a replenishment order for the Funded Allocation Model, then such WAF Service Credits will be carried forward into the replenishment order’s Services Period, and subtracted from Your first invoice for Cloud Services acquired under such replenishment order. | 1 | RIGHT |
If any Cloud Service listed above fails to meet its Service Commitment for the Manageability Service Level Agreement in this subsection, you may be eligible for Service Credits for the deficient Service. | 1 | RIGHT |
In the event that a Cloud Service mentioned above does not meet its Service Commitment for the Manageability Service Level Agreement as defined in this subsection, you will qualify for Service Credits for any Non-Compliant Service. | 1 | RIGHT |
If any of the Cloud Services mentioned above do not meet their Service Commitment for the Manageability Service Level Agreement under this subsection, you will be eligible for Service Credits for the deficient Service. | 1 | RIGHT |
Should any Cloud Service listed above fail to meet its Service Commitment for the Manageability Service Level Agreement in this subsection, you may be entitled to receive Service Credits for any Non-Compliant Service. | 1 | RIGHT |
If any of the Cloud Services listed above do not comply with their Service Commitment for the Manageability Service Level Agreement defined in this subsection, you will be eligible for Service Credits for such Non-Compliant Service. | 1 | RIGHT |
In the event an applicable Cloud Service listed above does not meet its Service Commitment for the Manageability Service Level Agreement under this subsection, You will be eligible to receive Service Credits for such Non-Compliant Service | 1 | RIGHT |
In case any of the Cloud Services specified above do not meet their Service Commitment for the Manageability Service Level Agreement described in this subsection, you may qualify to receive Service Credits for the deficient Service. | 1 | RIGHT |
Oracle in its sole discretion may remove or modify an Always Free Cloud Service from the Always Free category (a “Removed Service”) at any time. | 1 | RIGHT |
If during a WAF Period a Layer 7 DDoS attack on Your deployed WAF Services results in You incurring Excess Consumption, then You may seek to receive WAF Service Credits in accordance with the following criteria. | 1 | RIGHT |
Then You may submit a claim for WAF Service Credits either through the “My Oracle Support” portal or by contacting Your Oracle account manager. | 1 | RIGHT |
If at the end of the Services Period in which the WAF Services Credits were granted, You have any remaining unused WAF Service Credits, and You execute a replenishment order for the Funded Allocation Model, then such WAF Service Credits will be carried forward into the replenishment order’s Services Period, and subtracted from Your first invoice for Cloud Services acquired under such replenishment order. | 1 | RIGHT |
The credit will be the highest applicable compensation based on the cumulative availability of the affected service during a contracted month and calculated using the monthly charges for such affected service. | 1 | RIGHT |
In the event that availability of the Cloud Service during a contracted month is less than 99.95% the Client is eligible to receive a service level credit equal to an amount of 1% of the monthly charges for the selected subscription edition (including enabled additional components) for each cumulative whole hour of Downtime, up to a maximum of 20% per month. | 1 | RIGHT |
For hourly subscriptions that incur an outage to running environments, the Client will receive an hour credit for the number of running VMs multiplied by the duration of the outage. | 1 | RIGHT |
Client is eligible for a credit as follows. | 1 | RIGHT |
If the specified service level time period is not met, the client can receive a credit based on the monthly charge for the impacted service due to a hardware replacement or upgrade. | 1 | RIGHT |
SLA credits are Clients exclusive remedy for IBMs failure to meet a specified service level. | 1 | RIGHT |
If Google does not meet the SLO, and if Customer meets its obligations under this SLA, Customer will be eligible to receive the Financial Credits described below. | 1 | RIGHT |
This SLA states Customers sole and exclusive remedy for any failure by Google to meet the SLO. | 1 | RIGHT |
If Google does not meet the Cloud Identity SLA, and if Customer meets its obligations under this Cloud Identity SLA, Customer will be eligible to receive the Service Credits described below. | 1 | RIGHT |
This Cloud Identity SLA states Customers sole and exclusive remedy for any failure by Google to meet the Cloud Identity SLA. | 1 | RIGHT |
If Google does not meet the SLO, and if Customer meets its obligations under this SLA, Customer will be eligible to receive the Financial Credits described below. | 1 | RIGHT |
This SLA states Customer’s sole and exclusive remedy for any failure by Google to meet the SLO. | 1 | RIGHT |
In the event that Google fails to meet the SLO, and provided the Customer has met all obligations under this SLA, they will be entitled to receive the Financial Credits outlined below. | 1 | RIGHT |
This SLA outlines the only remedy available to the Customer for any failure by Google to comply with the SLO. | 1 | RIGHT |
If Google does not meet the SLO and the Customer complies with the requirements of this SLA, the Customer may be eligible to receive the Financial Credits described below. | 1 | RIGHT |
For any failure by Google to meet the SLO, this SLA specifies the sole and exclusive solution available to the Customer. | 1 | RIGHT |
Should Google fail to meet the SLO, and provided the Customer has fulfilled its obligations under this SLA, they will qualify to receive the Financial Credits as detailed below. | 1 | RIGHT |
The sole and exclusive recourse available to the Customer for any failure on Googles part to meet the SLO is stated in this SLA. | 1 | RIGHT |
If Google is unable to meet the SLO, and the Customer has met its obligations under this SLA, they will be eligible to receive the Financial Credits explained below. | 1 | RIGHT |
In the event of Googles failure to meet the SLO, this SLA specifies the Customers exclusive remedy. | 1 | RIGHT |
In case Google fails to meet the SLO, the Customer may be eligible for the Financial Credits described below, subject to the Customer fulfilling their obligations under this SLA. | 1 | RIGHT |
The Customers only remedy for any failure by Google to meet the SLO is outlined in this SLA. | 1 | RIGHT |
If the Availability Percentage (as defined below) during a given month is less than 99.9%, a customer will be eligible for a credit as provided below (“Service Credit”). | 1 | RIGHT |
If the Availability of the specified service is less than the Availability Commitment, then you may request an SLA Credit. | 1 | RIGHT |
If the AWS or GCP infrastructure is unavailable, and therefore the services are unavailable, your sole recourse pursuant to the Agreement is to us, and not to AWS or GCP. | 1 | RIGHT |
If an SLA Event occurs for the NSX Advanced Load Balancer Hosted Controller Service, you are entitled to an SLA Credit proportional to the portion of capacity consumed by the impacted Hosted Controller. | 1 | RIGHT |
If the Availability of a service is less than the associated Availability Commitment in a given billing month, you may request an SLA Credit in accordance with the following table. | 1 | RIGHT |
The Service Credits specified in this SLA are your sole and exclusive remedies for any SLA Events occurring during your subscription term for the Service Offering or for any other claim in connection with this SLA. | 1 | RIGHT |
You may be eligible to receive an SLA Credit if the Service Offerings Availability falls short of the Availability Commitment. | 1 | RIGHT |
Your exclusive remedy, as per the Agreement, in case the AWS infrastructure becomes unavailable resulting in unavailability of the Service Offering, is with us and not with AWS. | 1 | RIGHT |
You may have recourse to AWS pursuant to your separate agreement with AWS, which is required as provided in the Service Description, for any unavailability of the AWS systems. | 1 | RIGHT |
In case the Service Offerings Availability is below the Availability Commitment for a billing month, you may request a single SLA Credit, along with an extra SLA Credit for every 300 additional minutes that the Service Offering was unavailable, limited to a maximum of three SLA Credits per billing month. | 1 | RIGHT |
The Service Credits specified in this SLA are your sole and exclusive remedies for any SLA Events occurring during your subscription term for the Service Offering or for any other claim in connection with this SLA. | 1 | RIGHT |
You may be eligible to request an SLA Credit if the Availability of the Service Offering falls below the committed level. | 1 | RIGHT |
If the AWS infrastructure is unavailable, and therefore the Service Offering is unavailable, your sole recourse pursuant to the Agreement is to us, and not to AWS. | 1 | RIGHT |
We have recourse to AWS pursuant to our separate agreement with AWS. | 1 | RIGHT |
You may have recourse to AWS pursuant to your separate agreement with AWS, which is required as provided in the Service Description, for any unavailability of the AWS systems. | 1 | RIGHT |
In case the Service Offerings Availability falls below the committed level for a billing month, you can claim one SLA Credit, plus an extra one for every additional 300 minutes the service was unavailable, up to three SLA Credits per month. | 1 | RIGHT |
Upon request, VMware will provide to you, within 45 days after a confirmed SLA Event, a copy of the Availability report that VMware makes generally available to customers. | 1 | RIGHT |
The Service Credits outlined in this SLA are the only solutions available to you for any SLA incidents that arise during your service subscription period, or for any other claims related to this agreement. | 1 | RIGHT |
In case the Service Offering fails to meet the Availability Commitment, you have the right to request an SLA Credit. | 1 | RIGHT |
The Service Credits mentioned in this SLA are the only means of addressing any SLA events or complaints during the term of your Service Offering subscription or any other claims regarding this SLA. | 1 | RIGHT |
Upon request, VMware will provide to you, within 45 days after a confirmed SLA Event, a copy of the Availability report that VMware makes generally available to customers. | 1 | RIGHT |
If any SLA incidents occur during your subscription term for the Service Offering, or for any other claims related to this SLA, the only solutions available to you are the Service Credits outlined in this document. | 1 | RIGHT |
Whenever the Service Offerings Availability falls short of the agreed level for a billing month, you have the option to request a maximum of three SLA Credits, with one credit for the first 300 minutes and an additional credit for each additional 300 minutes of unavailability. | 1 | RIGHT |
The only recourse you have for any SLA events or claims related to this SLA during your subscription period is the Service Credits mentioned in this document. | 1 | RIGHT |
You have the right to request an SLA Credit if the availability of the Service Component falls short of its associated Availability Commitment. Availability is computed based on the formula given below for each billing period. | 1 | RIGHT |
If the Cloud Provider infrastructure is unavailable, and therefore the Service Offering or the Service Component is unavailable, your sole recourse under this Service Level Agreement is to us, and not to IBM or Microsoft (each a “Cloud Provider”). | 1 | RIGHT |
We can seek recourse from the applicable Cloud Provider based on our separate agreement with them. | 1 | RIGHT |
We may have recourse to the Cloud Provider pursuant to our separate agreement with the applicable Cloud Provider. | 1 | RIGHT |
If you have a separate agreement with IBM for IBM Cloud hosted infrastructure outside of the VMware Horizon Cloud Service on IBM Cloud, you can seek recourse from IBM. | 1 | RIGHT |
You may have recourse to IBM pursuant to your separate agreement, if any, with IBM for IBM Cloud hosted infrastructure outside of the VMware Horizon Cloud Service on IBM Cloud. | 1 | RIGHT |
This SLA outlines the only available recourse for any failure to meet the service level commitments, and the Service Credits outlined herein shall be the only remedy for any issues with the Service Offering during the subscription term. | 1 | RIGHT |