Service Credits
If as a result of a SoftwareOne default, the Response Time Service Level for a Measurement Period falls short of the relevant Response Time Service Level set out in the table below Customer will be entitled to claim the Service Credits set out in the table depending on the percentage Response Time Service Level achieved:
Response Time Service Level achieved / Measurement Period | Service Credit (as a % of Service Support charge in respect of the Measurement Period ) |
100.00% ≤ 90.00% | No Service Credit, the result is within the Service Levels for the Measurement Period |
89.99% ≤ 85.00% | 5% |
84.99% ≤ 80.00% | 10% |
79.99% and below | 20% |
Calculation of Response Time Service Level for a Measurement Period:
Subject to a minimum of twenty (20) Incidents per Priority Level during the Measurement Period, Response Time Service Level % = [(Number of total Incidents Responded to during the Measurement Period – Number of total Incidents Responded to with breached Response Time during the Measurement Period) / Total Incidents Responded to during the Measurement Period] x 100
The Service Credits due hereunder are Customer’s sole remedy and are in full and final settlement of any damages arising as a result of the failure to provide the Services in accordance with the Service Levels during the Measurement Period to which they relate.
To be entitled to a Service Credit Customer must notify SoftwareOne of any claims for Service Credits within fifteen (15) days of the monthly Service Review Meeting (or Service Review Meeting that relates to the relevant Measurement Period). SoftwareOne shall issue a credit note on Customer’s next invoice where a Service Credit is due.
The parties acknowledge that the Service Credits referred to in this section are a genuine pre-estimate of the loss likely to be suffered by Customer for any failure to achieve the Service Levels and that the figures herein are reasonable.