NBS will use commercially reasonable efforts to make NBS Chorus available with a Quarterly Uptime Percentage (defined below) of at least 99.5% during a Calendar Quarter (the “Service Commitment”) excluding Maintenance Periods. In the event NBS Chorus does not meet the Service Commitment, you will be eligible to receive a Service Credit.
Maintenance Periods shall mean the regular scheduled maintenance period of 2000 to 2359 UK time each Thursday and any extraordinary maintenance periods which will be typically advertised no less than one week in advance on theNBS.com.
Service Credits shall mean a percentage of the Subscription Fee paid for the current Renewal Period, credited against the Subscription Fee of the next Renewal Period calculated according to the Service Level Policy.
Service Credits are calculated in accordance with the schedule below.
|Quarterly Uptime Percentage||Service Credit|
|Greater than or equal to 99.5%||No Service Credit|
|Less than 99.5%||Service Credit equal to 1/52 of the Subscription Fee paid for the current Renewal Period|
We will apply any Service Credits only against your existing NBS Chorus subscription. Service Credits will not entitle you to any refund or other payment from NBS. Service Credits may not be transferred or applied to any other subscription. Your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide NBS Chorus is the receipt of a Service Credit (if eligible) in accordance with the terms of this policy.
The maximum Service Credits issued in any Renewal Period will be limited to 4/52 of the Subscription Fee paid for the current Renewal Period.
Service Credit Request and Payment Procedures
To receive a Service Credit, you must submit a claim by email to finance@theNBS.com. To be eligible, the credit request must be received by us by the end of the calendar month after the calendar quarter in which the incident occurred and must include:
- the words “NBS Chorus Service Credit Request” in the subject line;
- the dates and times of each incident that you are claiming; and
- logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).
If the Quarterly Uptime Percentage applicable to the calendar quarter of such request is confirmed by us to be less than 99.5%, then we will issue the Service Credit. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.
NBS Chorus Service Level Policy Exclusions
The Service Commitment does not apply to any unavailability, suspension or termination of NBS Chorus, or any other NBS Chorus performance issues: (i) that result from a suspended account; (ii) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of NBS Chorus; (iii) that result from any actions or inactions of you or any third party; (iv) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); or (v) arising from our suspension and termination of your right to use NBS Chorus in accordance with the subscription agreement; If availability is impacted by factors other than those used in our calculation of the Quarterly Uptime Percentage, then we may issue a Service Credit considering such factors at our discretion.