TheServerExperts is proud to offer an exceptional level
of performance, reliability, and service. That is why we
are making commitments to our customers in the form of a
Service Level Agreement (SLA) which provides certain rights
and remedies regarding the performance of the TheServerExperts
network. The TheServerExperts Service Level Agreement (SLA)
guarantees our network/equipment reliability and performance.
This Service Level Agreement (SLA) applies to customers
of TheServerExperts web hosting, reseller, dedicated server,
co-location, e-commerce, high speed wireless, and dial-up/dedicated
access services.
SERVICE LEVEL AGREEMENT (SLA)
Uptime Guarantee:
TheServerExperts strives to maintain a 99.5% network and
server uptime service level. This uptime percentage is a
monthly figure, and is is calculated solely by TheServerExperts
monitoring systems or TheServerExperts authorized/contracted
outside monitoring services. If TheServerExperts fails to
meet it's 99.5% uptime guarantee, and it is not due to one
of the exceptions below, credits will be made available
to each client, upon request, on a case by case basis. TheServerExperts
does not credit a full month's service for minor downtime.
This would not be financially healthy for TheServerExperts,
and in turn would only negatively affect the service level
TheServerExperts provides to you. "Partial refunds
for partial downtime" is our standard policy. In extreme
circumstances, TheServerExperts may distribute full month
credits, but this is dealt with on a case by case basis.
Details on how credit amounts are calculated can be found
below.
Exceptions:
Customer shall not receive any credits under this SLA in
connection with any failure or deficiency of the TheServerExperts
network caused by or associated with:
* Circumstances beyond reasonable control,
including, without limitation, acts of any governmental
body, war, insurrection, sabotage, embargo, "Acts
of God" (ie...fire, flood, earthquake, tornado, etc...),
strike or other labor disturbance, interruption of or
delay in transportation, unavailability of or interruption
or delay in telecommunications or third party services,
failure of third party software or inability to obtain
raw materials, supplies, or power used in or equipment
needed for provision of the Service Level Agreement
* Telco Failure (ie...Verizon™ cutting a fiber line
somewhere)
* Backbone peering point issues (ie...UUnet™ having
a router go down in Virginia that wipes out internet service
for the entire East Coast)
* Scheduled maintenance for hardware/software upgrades
* Hardware failure (faulty hardware is rare, but cannot
be predicted nor avoided). TheServerExperts utilizes only
name brand hardware of the highest quality and performance.
* Software bugs/flaws (Expolits and bugs may develop that
cause security issues or downtime)
* DNS issues not within the direct control of TheServerExperts
* Network floods, hacks, attacks from outside parties
or individuals
* Failure or error of any TheServerExperts monitoring
or measurement system
* Client’s acts or omissions, including without
limitation, any negligence, willful misconduct, or use
of TheServerExperts service(s) in breach of TheServerExperts
Policy and Service Guidelines (AUP), by Client or others
authorized by Client.
Connectivity:
TheServerExperts goal is to make the TheServerExperts
network available to Client free of outages for 99.5%
of the time. An "outage” is defined as an instance
in which Client is unable to transmit and receive IP packets
due to a TheServerExperts service failure for more than
15 consecutive minutes, excluding service failures relating
to TheServerExperts scheduled maintenance and upgrades.
The TheServerExperts network does not include client premises
equipment or any Telco access facilities connecting Client's
premises to such infrastructure. TheServerExperts goal
is to keep Average Round-Trip Latency on the TheServerExperts
network to 85 milliseconds or less. TheServerExperts defines
“Average Round-Trip Latency”, with respect
to a given month, as the average time required for round-trip
packet transfers between the TheServerExperts network
and major US backbone peering points during such month,
as measured by TheServerExperts. TheServerExperts goal
is to keep Average Packet Loss on the TheServerExperts
network to 1% or less. TheServerExperts defines “Average
Packet Loss”, with respect to a given month, as
the average percentage of IP packets transmitted on the
TheServerExperts network during such month that are not
successfully delivered, as measured by TheServerExperts.
Measurement:
TheServerExperts will periodically (on average every 5
minutes) monitor TheServerExperts network and server availability
using software and hardware components capable of measuring
application traffic and responses. Client acknowledges
that that such measurements may not measure the exact
path traversed by Client’s internet connection,
and that such measurements constitute measurements across
the TheServerExperts network but not other networks to
which Client may connect. TheServerExperts reserves the
right to periodically change the measurement points and
methodologies it uses without notice to Client. Full network
and server reporting will be posted to a location designated
by TheServerExperts and made available to Client.
Hardware Failure:
TheServerExperts stands behind all equipment on our network.
Faulty hardware is rare, but cannot be predicted nor avoided.
TheServerExperts utilizes only name brand hardware of
the highest quality and perfomance. TheServerExperts will
replace all faulty hardware affecting performance levels
of equipment within 48 hours, which includes hardware
issues that cause server crashes or speed issues. Hardware
failure resulting in complete network/server outage/downtime
will be corrected within two hours of problem identification.
Router failure is an exception to this SLA guarantee,
and may require on-site Cisco™ engineers or backbone
provider emergency personnel to correct the problem. Router
failure is governed by current TheServerExperts contracts
with Cisco™ and backbone providers in regard to
the emergency repair service in case of such an issue.
TheServerExperts will replace all faulty hardware on dedicated
servers (rented or leased servers), at no charge to the
Client, with an unlimited free replacement policy. This
includes parts ordered as upgrades. TheServerExperts will
replace all faulty hardware on all non-purchased dedicated
and wireless access customer premise equipment, at no
charge to the Client, unless equipment has been tampered
with, or damage is caused by direct neglect/action(s)
of Client.
Credits:
Credit requests must be made on the TheServerExperts web
site, by filling out the "Service Level Agreement
(SLA) Request" form. Each request in connection with
network/server outages/downtime must be received by TheServerExperts
within five days of the occurance. Each request in connection
with Average Round-Trip Latency or Average Packet Loss
in a calendar month must be received by TheServerExperts
within five days after the end of such month. The total
amount credited to a Client for TheServerExperts not meeting
SLA service levels will not exceed the service fees paid
by Client TheServerExperts for such services for the period
in question. Each validly requested credit will be applied
to a Client invoice within 30 days after TheServerExperts
receipt of such request. Credits are exclusive of any
applicable taxes charged to Client or collected by TheServerExperts.
Upon Client’s request (in accordance with the procedure
set forth below), TheServerExperts will issue a credit
to Client for network/server outages/downtime occurring
during any calendar month that are reported by Client
to TheServerExperts and confirmed by TheServerExperts
measurement reporting. Such credit will be equal to one
day’s worth (1/30th) of the monthly fees paid by
Client, (for all service fees paid if network outage,
or specific affected service fees paid if individual server
downtime) multiplied by each hour (or portion thereof
rounded to nearest next hour) of the cumulative duration
of such outage/downtime. If Average Round-Trip Latency
on the TheServerExperts network for a calendar month exceeds
85 milliseconds, then upon Client's request, TheServerExperts
will issue a credit to Client equal to six day's worth
(1/5th) of the monthly service fees paid by Client for
such month. If Average Packet Loss exceeds 1% during a
calendar month, then upon Client’s request, TheServerExperts
will issue a credit to Client equal to six day's worth
(1/5th) of the monthly service fees paid by Client for
such month.
General:
TheServerExperts reserves the right to change or modify
this SLA to benefit the Client, and will post changes
to location currently housing this SLA at time of modification,
which will be made available to Client. Except as set
forth in this SLA, TheServerExperts makes no claims regarding
the availability or performance of the TheServerExperts
network or servers. Specific terms/points of this SLA
may be adjusted on a case by case basis by the specific
Service Agreement signed/agreed by client. In case of
difference terms/points in SLA and Service Agreement,
the Service Agreement terms/points prevail over this general
SLA policy. The Service Agreement signed/agreed by client,
is above and beyond this SLA, and Service Agreement terms
are in affect, including, but not limited to, limitations
of liability.
TheServerExperts "Service Level Agreement"