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AWS will use commercially reasonable efforts to make Multi-AZ Domains on Cloud Search available with a Monthly Uptime Percentage of at least 99.9% during any monthly billing cycle (the "Service Commitment")

OBLIGATION

Service Credits will not entitle you to any refund or other payment from AWS.

OBLIGATION

Service Credits may not be transferred or applied to any other account.

OBLIGATION

To receive a Service Credit, you will need to submit a claim by opening a case in the AWS Support Center. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include.

OBLIGATION

If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credits to you within one billing cycle following the month in which the request occurred.

OBLIGATION

Your failure to provide the request and other information as required above will disqualify you from receiving Service Credits.

OBLIGATION

Additionally, to qualify for the SLA credit, you must have an Enterprise Support plan in place.

OBLIGATION

When an Amazon Aurora cluster is deployed across two or more AZ’s (“Multi-AZ Cluster), AWS will use commercially reasonable efforts to make each Multi-AZ Cluster available with a Monthly Uptime Percentage as shown in the table below during any monthly billing cycle (the "Multi-AZ SLA").

OBLIGATION

To request a credit, you need to provide us with the necessary information and submit the request before the end of the second billing cycle after the incident occurred.

OBLIGATION

If a claim under the applicable SLA is confirmed by us, then we will issue the Service Credit to you within one billing cycle following the month in which the request occurred.

OBLIGATION

If we confirm that the Monthly Uptime Percentage is less than the Service Commitment, we will issue the appropriate Service Credit to you within one billing cycle following the month in which we confirm your request.

OBLIGATION

IBM will validate SLA claims based upon information provided by Client and IBM system records and will notify Client of approved credits via the Cloud UI or email.

OBLIGATION

IBMs reasonable determination of a credit is final.

OBLIGATION

Client agrees to continue to make payment in full for Cloud Services while an SLA claim is being reviewed.

OBLIGATION

Client must submit an SLA claim by using the form at https://cloud.ibm.com/unifiedsupport/supportcenter within 60 days after the end of the calendar month that the service level was missed, providing sufficient.

OBLIGATION

Information to identify the affected service, error messages, and other information necessary to validate the claim, referencing IBM support tickets, as applicable.

OBLIGATION

To be eligible for a SLA tier, the Client must deploy the minimum configuration described in the table below or the standard configuration associated with the tier.

OBLIGATION

Client must submit an SLA claim by using the form at IBM cloud support within 60 days after the end of a contracted month providing sufficient information to identify the storage account and/or storage buckets affected, received error messages, including date, time, and endpoint used to connect to Cloud Object Storage, and other information necessary to validate the claim, referencing IBM support tickets, as applicable.

OBLIGATION

The Client must log a Severity 1 support ticket with the IBM technical support help desk within 24 hours of first becoming aware of an event that has impacted the Cloud Service availability.

OBLIGATION

Client must reasonably assist IBM with any problem diagnosis and resolution.

OBLIGATION

A support ticket claim for failure to meet an SLA must be submitted within 30 days after the end of the month.

OBLIGATION

To make a claim under the SLA, the Client should complete the form available at https://cloud.ibm.com/unifiedsupport/supportcenter within 60 days from the end of the month in which the service level was not met. The form should contain all the relevant information required to identify the impacted service, error messages, and any other information needed to validate the claim. If applicable, IBM support tickets should also be referenced in the claim.

OBLIGATION

IBM will provide the specified credit: ● for hardware replacement, except as noted below, based on the time to replace, from the time IBM verifies a Client reported hardware failure, and ● for planned hardware upgrades, based on the total downtime of the service receiving the upgrade.

OBLIGATION

We will not modify the terms of your SLA during the initial term of your subscription.

OBLIGATION

We will provide at least 90 days’ notice for adverse material changes to this SLA.

OBLIGATION

In order for Microsoft to consider a claim, you must submit the claim to customer support at Microsoft Corporation including all information necessary for Microsoft to validate the claim, including but not limited to: (i) a detailed description of the Incident, (ii) information regarding the time and duration of the Downtime, (iii) the number and location(s) of affected users (if applicable), and (iv) descriptions of your attempts to resolve the Incident at the time of occurrence.

OBLIGATION

For a claim related to Microsoft Azure, we must receive the claim within two months of the end of the billing month in which the Incident that is the subject of the claim occurred.

OBLIGATION

For claims related to all other Services, we must receive the claim by the end of the calendar month following the month in which the Incident occurred.

OBLIGATION

You must be in compliance with the Agreement in order to be eligible for a Service Credit.

OBLIGATION

If we determine that a Service Credit is owed to you, we will apply the Service Credit to your Applicable Monthly Service Fees.

OBLIGATION

In the event that more than one Service Level for a particular Service is not met because of the same Incident, you must choose only one Service Level under which to make a claim based on the Incident.

OBLIGATION

You may not unilaterally offset your Applicable Monthly Service Fees for any performance or availability issues.

OBLIGATION

Additional Terms: You will be eligible for a Service Credit for Duet Enterprise Online only when you are eligible for a Service Credit for the SharePoint Online Plan 2 User SLs that you have purchased as a prerequisite for your Duet Enterprise Online User SLs.

OBLIGATION

Additional Terms: When submitting a claim, you must ensure that complete monitoring data is maintained within the Monitoring Storage Account and is made available to Microsoft.

OBLIGATION

Customer must select a set of agents from the measurement system’s list of standard agents that are generally available and represent at least five geographically diverse locations in major worldwide metropolitan areas (excluding PR of China).

OBLIGATION

If any one of these individual Service Levels is not met, you may submit a claim for a Service Credit.

OBLIGATION

If one Incident causes us to fail more than one SLA metric for Exchange Online or EOP, you may only make one Service Credit claim for that incident per Service.

OBLIGATION

If this results in the prevention of an infection, you won’t be eligible for a Service Credit under the Virus Detection and Blocking Service Level.

OBLIGATION

In accordance with reasonable practices, Oracle provides secured computing facilities for both office locations and production Cloud infrastructure.

OBLIGATION

You are solely responsible for any such post provisioning configuration, data backups, and execution of disaster recovery activities.

OBLIGATION

You are responsible for configuring and performing backup and restores of Your content.

OBLIGATION

In connection with any migration of Oracle PaaS and IaaS Cloud Services under this section, unless otherwise agreed by Oracle and You in writing, You are solely responsible for moving Your Content from the existing data center to the new data center where Your Services are migrated.

OBLIGATION

Subject to the last sentence of this paragraph, Oracle will calculate Service Credits as a percentage of the net fees paid by You for the quantity of the relevant Non-Compliant Service that is actually used during a Measured Period (as defined below).

OBLIGATION

You must use those Service Credits within the calendar month in which the Service Credits are granted.

OBLIGATION

The Service Credits granted to you must be used within the same calendar month they were issued in.

OBLIGATION

Then Oracle will work with You to either apply such credit towards other Oracle products or services, or refund amounts related to such credits.

OBLIGATION

The grant of the Service Credits would fall in a monthly period following the expiration of the Services Period applicable to such order, unless You execute with Oracle a replenishment order for such Oracle Universal Credits whose Services Period covers the relevant monthly period.

OBLIGATION

In order to be considered to receive Service Credits, You must file a claim with Oracle in accordance with the terms listed in this subsection.

OBLIGATION

You must submit the claim either through the “My Oracle Support” portal or by contacting Your account manager and You must include all of the information required for Oracle to validate the claim.

OBLIGATION

In order for Oracle to consider a claim, Oracle must receive the claim within sixty (60) calendar days from when the issue occurred that caused Your Oracle PaaS or IaaS Public Cloud Service not to meet its Service Commitment for the applicable Service Level Agreement.

OBLIGATION

Oracle will use commercially reasonable efforts to process a claim within sixty (60) days of Oracle’s receipt of such claim.

OBLIGATION

Continue to be in compliance with the Oracle Cloud Services agreement referenced in Your order for You to be eligible to receive Service Credits.

OBLIGATION

But You may not recover Service Credits for such Cloud Service under multiple Service Level Agreements for the same incident.

OBLIGATION

But You may not recover Service Credits under multiple provisions for the same event (i.e., You may not recover Service Credits for such Cloud Service under both such order and this document for the same incident).

OBLIGATION

In no event may You receive more Service Credits than equate to the fees paid by You for the quantity of the applicable Non-Compliant Service that is actually used in the relevant Measured Period.

OBLIGATION

The Service Level Agreements for Cloud Services under this section (Oracle PaaS and IaaS Public Cloud Service Level Agreement Policy) are contingent on Your adherence to Oracles recommended minimum technical configuration requirements for accessing and using the applicable Cloud Services from Your network infrastructure and Your user workstations as set forth in the Program Documentation for such Cloud Services.

OBLIGATION

With respect to a Cloud Service listed above for which the Manageability Service Level Agreement under this subsection applies, Oracle will use commercially reasonable efforts to have each such Service available with a Monthly Uptime Percentage (as defined below) of at least 99.9% during any calendar month (the “Service Commitment”)

OBLIGATION

With respect to a Cloud Service listed above for which the Availability Service Level Agreement under this subsection applies and that is deployed on shared or dedicated infrastructure with Autonomous Data Guard enabled (each a “Cloud Service with Autonomous Data Guard” and collectively the "Cloud Services with Autonomous Data Guard"), Oracle will use commercially reasonable efforts to have each such Service available with a Monthly Uptime Percentage (as defined below) of at least 99.995% during any calendar month (the “Service Commitment”).

OBLIGATION

For Oracle Cloud Infrastructure - Ravello Service, the following applies in lieu of the text in section 4.1.1 of the Oracle Cloud Hosting and Delivery Policies: Oracle will work to provide prior notice for any emergency maintenance requiring a service interruption.

OBLIGATION

Oracle will provide You with no less than 12 months advance notice prior to the date when the Cloud Services are no longer generally available as a service (i.e., Oracle will no longer support, or make available for use, any versions of the Cloud Services).

OBLIGATION

During the DDoS Layer 7 attack, You must submit a Service Request into the “My Oracle Support” portal, selecting the WAF Services and the applicable DDoS component, to engage a DDoS Mitigation Specialist.

OBLIGATION

You must comply with, and implement, all of the DDoS Mitigation Specialist’s recommendations, which may include providing the DDoS Mitigation Specialist with control of Your WAF Service deployment during the WAF Period.

OBLIGATION

Your claim must include all the following information.

OBLIGATION

Oracle will provide You with WAF Service Credits for any Measured Excess Consumption incurred due to such attack.

OBLIGATION

You must use those WAF Service Credits within the calendar month in which the WAF Service Credits are granted.

OBLIGATION

Any unused WAF Service Credits will expire at the end of the calendar month in which the WAF Service Credits are granted and You may not carry those WAF Service Credits over to another month.

OBLIGATION

You will only receive WAF Service Credits under this Section 8.

OBLIGATION

The Covered Service will provide a Monthly Uptime Percentage to Customer as follows.

OBLIGATION

In order to receive any of the Financial Credits described above, Customer must notify Google technical support (https://support.google.com/cloud/contact/cloud_platform_sla) within thirty days from the time Customer becomes eligible to receive a Financial.

OBLIGATION

Customer must also provide Google with log files showing Downtime with respect to Encrypt, Decrypt, and/or Sign operations from the Covered Services and the date and time they occurred.

OBLIGATION

Financial Credits will be made in the form of a monetary credit applied to future use of the Covered Services and will be applied within 60 days after the Financial Credit was requested.

OBLIGATION

The Cloud Identity Covered Services interface will be operational and available to Customer at least 99.9% of the time in any calendar month.

OBLIGATION

In order to receive any of the Service Credits described above, Customer must notify Google (or, for Customers who ordered Services from a Reseller, Customer may notify Reseller and Customers Reseller must notify Google) within thirty days from the time Customer becomes eligible to receive a Service Credit.

OBLIGATION

Service Credits may not be exchanged for, or converted to, monetary amounts, except for customers who are on Google’s monthly billing plan.

OBLIGATION

The Covered Service will provide a Monthly Uptime Percentage of Serving DNS queries from at least one of the Google managed Authoritative Name Servers to Customer of 100%.

OBLIGATION

If Customer does not comply with these requirements, Customer will forfeit its right to receive a Financial Credit.

OBLIGATION

Cloud Composer Valid Requests will provide a Monthly Uptime Percentage to Customer of at least 99.5%.

OBLIGATION

In order to receive any of the Financial Credits described above, Customer must notify Google at edge.servicecredits@google.com within five (5) calendar days of the end of the month in which Customer becomes eligible to receive a Financial Credit.

OBLIGATION

If a dispute arises with respect to this SLA, Google will make a determination in good faith based on its system logs, monitoring reports, configuration records, and other available information, which Google will make available for auditing by Customer at Customer’s request.

OBLIGATION

VMware will use commercially reasonable efforts to ensure that, during any given month of the Subscription Term, a Service achieves 100% Availability (as defined below).

OBLIGATION

VMware will notify the customer as soon as practical if the Service is expected to not be Available.

OBLIGATION

To request a Service Credit, a customer must file a support request at https://my.vmware.com within thirty (30) days after the Service was first not Available in the month in question.

OBLIGATION

Upon receipt of a claim for a Service Credit, VMware will use reasonable efforts to confirm the claim.

OBLIGATION

If the claim is confirmed by VMware, based on VMware’s data and records, then VMware will approve the Service Credit.

OBLIGATION

Customer may not claim more than one Service Credit for any month.

OBLIGATION

A customer may apply the Service Credits only to its future payments for the Service that is the basis for the Service Credit.

OBLIGATION

Service Credits will not entitle Customer to any refund or other payment from VMware and cannot be applied towards other VMware products or service offerings.

OBLIGATION

Service Credits may not be transferred or applied to any other account.

OBLIGATION

During a billing month, VMware will make reasonable efforts to ensure that the Service Offering component listed below is available as per the specified "Availability Commitment" in the table below.

OBLIGATION

You will not be eligible to receive an SLA Credit if: (a) you are delinquent on any payments for the Service Offering.

OBLIGATION

Upon request, VMware will provide you, within 45 days after a confirmed SLA Event, a copy of the Availability report that VMware makes generally available to customers.

OBLIGATION

To request an SLA Credit, you must file a support request at https://my.vmware.com within thirty (30) days after the suspected SLA Event.

OBLIGATION

VMware will review the request and issue an SLA Credit when VMware validates the SLA Event based on VMware’s data and records.

OBLIGATION

VMware will use commercially reasonable efforts to ensure that the Service Offering is “Available” during a given billing month equal to the “Availability Commitment” specified in the table below.

OBLIGATION

You will not be eligible to receive an SLA Credit if: (a) your VMware Cloud Services Organization is not set up for federated identity management to use your single sign-on and identity source to sign into the Service Offering.

OBLIGATION

Within 45 days of a confirmed SLA Event, VMware will provide you with a copy of their generally available Availability report if you ask for it.

OBLIGATION

Once you make a request, VMware will validate the SLA Event based on its data and records and then issue a Service Credit.

OBLIGATION

You are not eligible for an SLA credit if any of the following conditions exist.

OBLIGATION

You need to file a support request on https://my.vmware.com within 90 days of the suspected SLA Event to request an SLA Credit.

OBLIGATION

After verifying the SLA Event using our data and records, VMware will issue an SLA Credit upon review of your request.

OBLIGATION