In order for Trip Brands to consider a claim, you must submit the claim to customer support at Trip Brands Technology including all information necessary for Trip Brands to validate the claim, including but not limited to:
If you purchased more than one Service, then you may submit claims pursuant to the process described above as if each Service were covered by an individual SLA. 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. Unless as otherwise provided in a specific SLA, only one Service Credit is permitted per Service for an Applicable Monthly Period.
Service Credits are your sole and exclusive remedy for any performance or availability issues for any Service under the Agreement and SLA. You may not unilaterally offset your Applicable Monthly Service Fees for any performance or availability issues.
Service Credits apply only to fees paid for the particular Service, Service Resource, or Service tier for which a Service Level has not been met. In cases where Service Levels apply to individual Service Resources or to separate Service tiers, Service Credits apply only to fees paid for the affected Service Resource or Service tier, as applicable. The Service Credits awarded in any billing month for a particular Service or Service Resource will not, under any circumstance, exceed your monthly service fees for that Service or Service Resource, as applicable, in the billing month.
If you purchased Services as part of a suite or other single offer, the Applicable Monthly Service Fees and Service Credit for each Service will be pro-rated.
If you purchased a Service from a reseller, you will receive a service credit directly from your reseller and the reseller will receive a Service Credit directly from us. The Service Credit will be based on the estimated retail price for the applicable Service, as determined by us in our reasonable discretion.
Limitations any applicable Service Levels do not apply to any performance or availability issues:
1. Due to factors outside our reasonable control (for example, natural disaster, war, acts of terrorism, riots, government action, or a network or device failure external to our data centers, including at your site or between your site and our data center);
2. That result from the use of services, hardware, or software not provided by us, including, but not limited to, issues resulting from inadequate bandwidth or related to third-party software or services;
3. Caused by your use of a Service after we advised you to modify your use of the Service, if you did not modify your use as advised;
4. The unavailability is due to scheduled maintenance, provided we notify you at least 5 days in advance;
5. You are in breach of our terms of service, or your services agreement with us, as applicable (including your payment obligations to us), or the unavailability is otherwise due to your actions;
6. The unavailability is caused by factors outside of our reasonable control, including a force majeure event; internet access problems; blocking, filtering, or censorship of our services by a government or other third party; or other problems beyond our services.
7. That result from your unauthorized action or lack of action when required, or from your employees, agents, contractors, or vendors, or anyone gaining access to our network by means of your passwords or equipment, or otherwise resulting from your failure to follow appropriate security practices;
8. That result from your failure to adhere to any required configurations, use supported platforms, follow any policies for acceptable use, or your use of the Service in a manner inconsistent with the features and functionality of the Service (for example, attempts to perform operations that are not supported) or inconsistent with our published guidance;
9. That result from faulty input, instructions, or arguments (for example, requests to access files that do not exist); That result from your attempts to perform operations that exceed prescribed quotas or that resulted from our throttling of suspected abusive behavior;
10. Shall not be liable for any special, indirect, exemplary, punitive, consequential, or incidental damages, including, without limitation, lost revenues, anticipated revenues, or profits relating to the same arising from any claim relating directly or indirectly to this AGREEMENT whether a claim for such damages is based on warranty, contract, or tort even if the PARTIES are advised of the likelihood or possibility of the same.
“Deployment Minutes” is the total number of minutes that a given API Management instance has been deployed in Trip Brands Azure during a billing month.
“Maximum Available Minutes” is the sum of all Deployment Minutes across all API Management instances deployed by you in a given Trip Brands Azure subscription during a billing month.
“Proxy” is the component of the API Management Service responsible for receiving API requests and forwarding them to the configured dependent API.
The total accumulated Deployment Minutes, across all API Management instances deployed by you in a given Trip Brands Azure subscription, during which the API Management Service is unavailable. A minute is considered unavailable for a given API Management instance if all continuous attempts to perform operations through the Proxy throughout the minute result in either an Error Code or do not return a Success Code within five minutes.
Monthly Uptime Percentage
The Monthly Uptime Percentage is calculated using the following formula: (Maximum Available Minutes - Downtime) / Maximum Available Minutes * 100 Where Downtime is measured in user-minutes; that is, for each month, Downtime is the sum of the length (in minutes) of each Incident that occurs during that month multiplied by the number of users impacted by that Incident.
To the full degree allowed by law, all terms, conditions, guarantees, endeavors, promptings or portrayals whether express, inferred, statutory or something else (other than the express arrangements of these terms and conditions) relating in any capacity to the administrations we give to you are avoided. Without constraining the above, to the degree allowed by law, any risk of Trip Brands under any term, condition, guarantee or portrayal that by law can't be prohibited is, the place allowed by law, restricted at our choice to the substitution, re-repair or re-supply of the administrations or the installment of the cost of the administrations that we were contracted to perform
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Tripbrands under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.