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At
TheServerExperts, we value our clients and
wish to provide them with the best possible
hosting experience. To offer you the best
service possible, all clients need to follow
the same rules and guidelines. These policies
are intended to make TheServerExperts service
available to all our clients as consistently
and efficiently as possible. |
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Latency Commitment:
TheServerExperts.com commits to provide
an average monthly roundtrip delay of
100 milliseconds or less within TheServerExperts.com
network in North America. Any Customer
who experiences average latency in excess
of 100 milliseconds for any calendar month
may request a two-day Service Credit.
Any Customer who experiences average latency
in excess of 100 milliseconds in each
of two consecutive calendar months may
request a seven-day Service Credit.
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Network Availability Commitment:
TheServerExperts.com commits to provide
99.9% availability each month for your
connection within TheServerExperts.com
network in North America. Any Customer
who experiences availability of the network
connection of below 99.9% in any calendar
month may request a one-day Service Credit
for each whole hour of unavailability
in such month in excess of the above minimum
commitment. Any customer who experiences
availability of the network connection
of below 99.9% in 3 or more calendar months
in a 12-month period, may request to terminate
services with no Termination Liabilities.
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Service Credit Specifications:
In the event TheServerExperts.com fails
to achieve any Service Level Commitment,
at your request, TheServerExperts.com
will credit your account in accordance
with the applicable remedy set forth above
in connection with such Service Level
Commitment and subject to the following:
To be eligible for a Service Credit, you
must report the commitment failure to
TheServerExperts.com within five (5) days
of its occurrence (via telephone at +297.5657644
or via e-mail notification to sla@theserverexperts.com),
and you must have notified TheServerExperts.com
of any service-affecting conditions at
the time of such failure and have provided
TheServerExperts.com with all other information
reasonably requested in furtherance of
troubleshooting the reported issue.
All requests for Service Credits for validly
reported commitment failures must be delivered
in writing to TheServerExperts.com at
Seroe Blanco 20-B, Oranjestad, Aruba AW
297, Attention: Customer Service Dept./Service
Credits. Requests must identify the Service
Level Commitment at issue, include the
trouble ticket number assigned to Customer's
report, and include such other information
as TheServerExperts.com may have reasonably
requested to assist it in verifying the
request. TheServerExperts.com may reject
any Service Credit request that does not
provide sufficient supporting information
to allow TheServerExperts.com to verify
the claim. All requests for Service Credits
will be subject to confirmation by TheServerExperts.com,
and will be applied by TheServerExperts.com
as soon as possible to a subsequent recurring
invoice following approval. TheServerExperts.com
shall promptly notify Customer of its
resolution of the reported event. Customer
must claim any applicable Service Credits
by the 15th day of the month following
the month in which the reported incident
was resolved.
Service Credits are calculated based on
the contracted monthly rate for the affected
circuit, prorated by the number of days
of credit provided as the remedy for the
applicable Service Level Commitment, based
on a 30-day month (e.g., a one-day Service
Credit means the Customer will receive
as a credit an amount equal to 1/30 of
the applicable recurring monthly charge
for the affected service). The maximum
Service Credit to be granted for all failures
within a given month shall not exceed
1/3 (one-third) of the monthly recurring
fees charged by TheServerExperts.com for
the given service for the month in which
the given Service Credit is claimed. Any
excess credits will not carry over into
later invoices. Remedies available hereunder
shall only be payable in the form of a
Service Credit to Customer's account.
TheServerExperts.com shall have no obligation
to pay cash to Customer to fulfill any
earned Service Credit.
If any event triggers a breach of two
or more Service Level Commitments, Customer
shall only receive a Service Credit equal
to the highest applicable Service Credit
being requested in connection with the
breached Service Level Commitments.
Customer shall be ineligible for a Service
Credit hereunder if Customer is not in
financial good standing with TheServerExperts.com
(i.e., current on all billings) at the
time of the request.
The remedies set forth herein for each
Service Level Commitment shall be the
exclusive remedy available to Customer
for TheServerExperts.com failure to achieve
such Service Level Commitment. This SLA
does not represent a warranty or guarantee
by TheServerExperts.com that services
will be uninterrupted or fit for any particular
purpose or intended use of any kind, and
TheServerExperts.com shall not be liable
for any damages of any nature or amount
as a result of any failure to achieve
any Service Level Commitment, other than
the permitted Service Credits authorized
and described hereunder.
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Exclusions:
This SLA applies to all Dedicated Internet
Access service and related equipment only.
TheServerExperts.com will not be responsible
for, and Service Credits will not be issued
in connection with, any failure by TheServerExperts.com
to meet a Service Level Commitment by
reason of any of the following:
Any Customer act or omission, including
without limitation any negligence, willful
misconduct or misuse of any service or
equipment, which impairs TheServerExperts.com
ability to provide service.
Scheduled maintenance on the TheServerExperts.com
network.
Failure on the part of Customer to timely
report the incident and open a trouble
ticket in accordance with this Service
Level Agrement.
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TheServerExperts.com may modify the Service
Level Commitments and your remedy for
the failure by TheServerExperts.com to
meet any Service Level Commitment at any
time. Such modifications shall be deemed
effective immediately upon either posting
of the modified SLA on the TheServerExperts.com
web site.
Last Revision 09/10/2004
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