Performance Criteria and Service Credits Terms

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GREEN CITY SOLUTIONS LTD

Performance Criteria and Service Credits Terms

  1. INFORMATION ABOUT GREEN CITY SOLUTIONS LTD

The Services are provided by Green City Solutions Ltd (Company Number 07311724) (“Green City”, “we”, “us”, or “our”) a company registered in England and Wales. Our registered office is Green City Solutions Ltd, 24 Tesla Court, Lynch Wood, Peterborough PE2 6FL.

  1. DEFINITIONS

2.1 In these terms and conditions, unless the context otherwise requires, the following expressions have the following meanings:

Agreement, Customer, Force Majeure Event, Services, Subscribe, Subscription, You/Your/Yours all have the meanings ascribed to them in the Terms and Conditions for Services;

Available/Availability means that the Service in question is capable of being accessed by the Customer;

Planned Maintenance means a scheduled event where we are completing Maintenance on our Infrastructure.  We will provide a minimum of 48 hours’ notice prior to such an event taking place and the window of Maintenance will not usually be service affecting.

Emergency Maintenance means an event where we need to conduct immediate work in order to maintain the stability of the Infrastructure.  We will supply as much notice as possible.

Outage shall mean a period of at least 15 consecutive minutes where a Service is not available but excluding those matters detailed in clause 3.3;

2.2 The headings in this Agreement do not affect its interpretation. Save where the context otherwise requires, references to clauses, clauses and schedules are to clauses and schedules of this Agreement.

2.3 Unless the context otherwise so requires:

2.3.1 references to statutory provisions include those statutory provisions as amended or re-enacted; and

2.3.2 references to any gender include all genders.

2.4 Words in the singular include the plural and in the plural include the singular.

  1. AVAILABILITY AND OUTAGES

3.1 We shall use reasonable endeavours (but do not warrant) to make each Service that you Subscribe to Available 99.97% of the time during each calendar month, 24 hours a day, 7 days a week. (For the avoidance of doubt, the Availability percentage of 99.97% is calculated on the basis of a 30 day calendar month, so the percentage will vary slightly depending upon the length of each calendar month.)

3.2 You must notify us as soon as practically possible in the event of an Outage and we shall use reasonable endeavours to restore the Availability of the affected Service as soon as possible.

3.3 An Outage shall not include time when a Service was not available due to:

3.3.1  scheduled Planned Maintenance or Emergency Maintenance activities we perform;

3.3.2  your inability to connect to any of the Services for a reason other than a failure of the Services (for example, ISP/telecommunications problems; your network, router or own personal computer problems);

3.3.3  a Force Majeure Event.

  1. SERVICE CREDITS

4.1 If you have suffered an Outage and believe you are entitled to compensation for that Outage then you must email support@questcloudsolutions.co.uk entitling the email Credit Request detailing the time, date and duration of the Outage.

4.2 At the end of each calendar month we shall review our performance during that month and, if you have notified us of Outages you have suffered, we shall issue a credit to your account which will be accounted for in future Direct Debit payments, – all such credits being in accordance with the table set out at clause 4.4 below.

4.3 Credits will only be paid to you in respect of Outages you have notified to us in accordance with clause 4.1. Once you inform us of an Outage we shall investigate it and restore the Availability of the affected Service.  We will also calculate if applicable Service Credits should be applied.

4.4

Single Outage Duration Applicable Credit per Subscription
15 mins to 4 hours 1 Days’ Credit
4 hours to 8 hours 2 Days’ Credit
8 hours to 24 hours 4 Days’ Credit
24 hours to 48 hours 7 Days’ Credit
48 hours and over 1 Months’ Credit

 

4.5 You agree that the provision of Service Credits, if applicable to you, in respect of the Outages mentioned in this clause 4 shall be in full and final satisfaction of any liability we have to you in respect of them. If you do not agree to this, please do not enter into the Agreement with us.

  1. CUSTOMERS’ OPTION TO TERMINATE

5.1 Customers shall be entitled to terminate the Agreement upon written notice to us if you experience more than 10 non-consecutive complete Outages in a single calendar month or if you experience a complete Outage lasting more than 72 hours.

5.2 Termination will become effective 90 days after your written notice to terminate is received by us.