Service Level Agreement
The Services are provided subject to the following terms and conditions, referred to as a “Service Level Agreement” or “SLA.”
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HOST SERVICES AVAILABILITY. Host will use commercially reasonable efforts to provide the Host services. However, Host services, including software, operating systems, applications, and data may not be available during maintenance and other periods. From time to time Host services may be inaccessible or inoperable for any reason, including: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that Host may undertake; or (iii) causes beyond Host’s control or that are not reasonably foreseeable by Host.
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99.999% NETWORK UPTIME
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Uptime Guarantee
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Host guarantees 99.999% availability of its network, excluding maintenance periods.
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Network uptime includes functioning of all Host network infrastructure including VPN, routers, switches, and cabling.
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Network uptime does not apply to services or software running on a Host server or other Host hardware components.
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Downtime. Network downtime exists when Host is unable to forward packets on User’s behalf and is measured from the time User opens a trouble ticket with Host until the server network is available to User.
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Credits. Five percent (5%) of the monthly server charge and five percent (5%) of the monthly charges for other affected Host services for each sixty (60) minutes of downtime for an affected Host Server (up to one-hundred percent (100)% of the monthly charge).
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FOUR (4) HOUR REPLACEMENT GUARANTEE FOR HARDWARE FAILURE
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FOUR (4) Hour Replacement Guarantee
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Host guarantees the functioning of all Managed Hosting hardware components and will replace any failed component at no cost to User.
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Managed Hosting hardware is defined as the server and server components, SAN storage, load balancer, firewall, and other related hardware included with the Managed Hosting server.
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This guarantee excludes the time required to rebuild a RAID array and to reload operating systems and applications.
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Downtime
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Hardware failure downtime exists when a Hosting hardware component fails or stops working, and downtime is measured from the time User opens a trouble ticket with Host and Host identifies the cause of the hardware failure until the server hardware is powered on and on-line.
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Hardware replacement is guaranteed to be complete within four (4) hours of Host’s problem cause identification.
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Credits. Five percent (5%) of the monthly server charge per additional hour of downtime for the affected Hosting server (up to one-hundred percent (100%) of the monthly charge for the server) if Host takes more than four (4) hours to replace faulty hardware.
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PUBLIC CLOUD HOSTING AND PRIVATE CLOUD HOSTING
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Hour Restoration or Repair Guarantee for Public and Private Cloud Hosts
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Host guarantees the functioning of all Public and Private Cloud hosts including compute, storage, and hypervisor.
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Public and Private Cloud Server Host downtime exists when a Host hardware component fails or stops working, and downtime is measured from the time User opens a trouble ticket with Host and Host identifies the cause of the hardware failure until the server hardware is powered on and on-line.
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Host guarantees that restoration or repair will be complete within one (1) hour of problem identification.
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Host guarantees the functioning of all Host hardware components and will replace any failed component at no cost to User.
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Public and Private Cloud Migration
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If a Public and/or Private Cloud migration is required, Host will notify User at least twenty-four (24) hours in advance of beginning the migration, unless Host determines in its reasonable judgment, that the migration must happen sooner to protect Public and/or Private Cloud data.
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Host guarantees that the migration will be complete within three (3) hours of the time that Host begins the migration.
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Credits. Five percent (5%) of the monthly Public and/or Private Cloud charge per additional hour of downtime for the affected Host server (up to one-hundred percent (100%) of the monthly charge for the server) if Host exceeds the time allowed above.
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DEDICATED HOSTING
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Four (4) Hour Replacement Guarantee
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Host guarantees the functioning of all Host hardware components and will replace any failed component at no cost to User.
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Host hardware is defined as the server and server components, load balancer, firewall, and other related hardware included with or paid for with the Host server.
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Downtime
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Hardware failure downtime exists when Host hardware component fails or stops working, and downtime is measured from the time User opens a trouble ticket with Host, and Host identifies the cause of the hardware failure until the server hardware is powered on and on-line.
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Hardware replacement is guaranteed to be complete within four (4) hours of Host problem cause identification.
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Credits. Five percent (5%) of the monthly server charge per additional hour of downtime for the affected Host server (up to one-hundred percent (100%) of the monthly charge for the affected server) if Host takes more than four (4) hours to replace faulty hardware.
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SCHEDULED MAINTENANCE
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Accessibility of the Host web interface. During Scheduled Maintenance, the Host server might be available, but User might not be able to access it.
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Normal scheduled maintenance (“Normal Maintenance Window”) occurs at least one (1) weekend each month
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The Normal Maintenance Window is subject to change at Host’s sole discretion, and the new Normal Maintenance Window will become effective upon posting to Host’s web interface(s) or email notification.
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Infrastructure Maintenance. Includes all Host components, including the server(s). During Infrastructure Maintenance, the Host server and other Services may not be available.
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Scheduled maintenance does not count as downtime and is not included in the calculation of the uptime guarantees.
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If Host intends to perform scheduled maintenance outside of the Normal Maintenance Window or Quarterly Maintenance Window, Host will post a notice to Host’s web interface(s) or email notification to User with at least twenty-four (24)hours notice.
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EMERGENCY MAINTENANCE
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Host has the right to perform emergency maintenance if there is an immediate, material threat to Host servers or the Host services.
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Host will attempt to notify User by email prior to emergency maintenance, but notice depends upon the severity and critical nature of the emergency maintenance.
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Emergency maintenance does not count as downtime and is not included in the uptime guarantee calculations.
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HARDWARE REPLACEMENT. Host has the right to replace hardware for any reason, at any time.
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DOWNTIME EXCLUSIONS. The unavailability of Host services due to the following will not be considered to be downtime (nor will credits be issued):
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User’s applications and content, and errors from User’s own custom scripting or coding.
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User’s configuration(s) outside of the Host infrastructure that affects Host services.
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User’s acts or omissions.
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Force majeure.
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Services provided by a third party outside of Host’s control.
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Maintenance.
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Downtime to install services User requests.
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Internet traffic exchange points external to Host, including without limitation Network Access Points (“NAPs”) and Metropolitan Area Exchanges (“MAEs”), and Internet networks controlled by others.
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Suspension of Host services (e.g. User doesn’t pay charges to Host).
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CREDIT REQUEST AND LIMITATIONS
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To receive a credit, User must have opened a trouble ticket for the problem, and User must contact a Host Service Representative via Support@PayPerCloud.com or within thirty (30) days of the outage or failure and request a credit.
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Multiple credits will not be paid for different types of outages occurring at the same time (no overlapping credits). There are no duplicate credits for the same outage, and the greater of the applicable credits will apply. For example, if a server has network downtime and hardware downtime at the same time for a total of forty-five (45) minutes, User would receive a total credit of five percent (5%).
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There is an overall cap on credits in a month. Credit in a month for a service cannot exceed one-hundred percent (100%) of the charges for the service for a month.
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TROUBLE TICKETS.A member of our Network Operations Center Service Desk staff will be available to assist you with problems and questions regarding the hosting services. We will supply telephone and/or email support to you regarding the hosting services twenty-four (24) hours a day, seven (7) days a week. If problem is determined to be non-hosting environment related a charge may be incurred at an hourly rate of one-hundred and fifty dollars ($150) per hour.
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Host Web Interface. Create a trouble ticket by logging into the Host web interface and selecting “Support.”
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Call (877) MY-CLOUD.
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Chat. User can log into the Host web interface and chat with one of Host’s representatives
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Email. support@paypercloud.com
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HOST WILL ONLY PAY CREDITS FOR DOWNTIME OR OUTAGES. The credits listed above are Host’s only liability, no matter what type of claim, for Host services downtime or outages. Host is not liable for any damages (direct, consequential, incidental, lost business, etc.) User claims to have suffered because of Host downtime or outages, including the unavailability of software, operating systems, applications, and data. The credits set forth herein this Exhibit are User’s sole and exclusive remedy for Host’s inability to achieve the SLAs set forth herein.
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INTERNET BANDWIDTH.
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