Last Update: March 13, 2012
Service Objects provides 99.995% availability of its Service Offerings with one of the industry's only financially backed service level agreements.
The following guarantees are part of our commitment and demonstrate our willingness to stand behind our internal processes, our network and the quality of our Service Offerings, as described below. Only paying customers in good standing with recurring month-to-month or pre-paid annual accounts are eligible for Service Credits. These customers may be referred to in this Service Level Agreement, collectively, as "you" or "your."
Amount of Service Credit for Unavailability:
The amount of Service Credit that may be granted, upon compliance by you with the procedures herein, for failure to comply with an Availability Guarantee set forth herein shall be:
- Unavailability of less than 1 minute, in a calendar month: no Service Credit issued.
- Unavailability equal to or greater than 1 minute, but less than 2 hours, in a calendar month: 1 day Service Credit.
- Unavailability equal to or greater than 2 hours, but less than 4 hours, in a calendar month: 1 week Service Credit.
- Unavailability equal to or greater than 4 hours in a calendar month: 1 month Service Credit.
Outage Notification Guarantee:
We shall contact your technical contact, either by telephone or by email within 1 hour after receiving notice of the occurrence of any Unavailability affecting any Availability Guarantee that results in complete downtime for such you. If we fail to contact you within 1 hour of receiving notice of the occurrence of such Unavailability, you will, upon compliance with the procedures herein, be eligible to receive a 1 day Service Credit.
Internet Latency Guarantee:
We guarantee an average monthly transmission rate of 100 milliseconds or less on the Backbone Network. We measure Internet latency, the average round trip transmission on the Backbone Network, at approximately 5 minute intervals and publish the average at the end of each calendar month. Any of you who experience average Internet latency on the Backbone Network in excess of 100 milliseconds as so calculated for any calendar month will, upon compliance with the procedures herein, be eligible to receive Service Credit as follows:
- Average Internet latency in excess of 100 milliseconds for any calendar month: 1 week Service Credit
- Average Internet latency in excess of 100 milliseconds in each of 2 consecutive calendar months: one (1) month Service Credit
Packet Loss Guarantee:
We guarantee that packet loss shall be not more than 1% on the Backbone Network during any calendar month. We measure packet loss on the Backbone Network at approximately 10 minute intervals and calculate the average at the end of each calendar month. If you experience a packet loss on the Backbone Network in excess of 5% as so calculated for any calendar month will, upon compliance with the procedures herein, be eligible to receive a 1 day Service Credit.
"Monthly Recurring Charge" shall mean the monthly fee for your Service Offerings, which includes only the base monthly fee for metered services, for the month in which the event giving rise to the claim for Service Credit occurs.
"Backbone Network" shall mean the telecommunications network and network components owned or operated by us, including points of presence, from the data center to the point where data leaves the network. The Backbone Network does not include any networks or network equipment or other equipment not owned or controlled by us.
"Unavailability" for purposes of the "Availability Guarantees" shall not include (and for which no Service Credit shall be granted) unavailability due to our planned maintenance or other planned outages; packet loss; equipment or software upgrades; any action performed by us in order to maintain or improve any of our Service Offerings; any of your equipment, application, software, code, hardware device failure or malfunction; acts or omissions by you and/or your users; denial of credit to you; planned or unplanned telecommunications provider outages; or reasons outside of our reasonable control, such as Force Majeure.
Not less than 48 hours prior to a scheduled service interruption, we will notify your technical contact by email of such scheduled interruption in service and the nature of such interruption. Such notice shall be effective for all purposes herein, despite any failure of you and/or your agents to receive such notice for any reason, including without limitation problems with or failures of your email system(s) or erroneous contact information provided by you.
"Service Credit" for any Guarantee, shall mean:
- 1 day Service Credit equals one divided by the actual number of days in the month to which the Service Credit relates multiplied by your Monthly Recurring Charge for such month.
- 1 week Service Credit equals 7 divided by the actual number of days in the month to which the Service Credit relates multiplied by your Monthly Recurring Charge for such month.
- 1 month Service Credit equals 100% of your Monthly Recurring Charge for such month.
Service Claim Process:
To initiate a claim for Service Credit with respect to any Guarantee, you shall submit an email entitled "Service Credit Request" within 14 days after the end of the month during or for which the event occurred which gives rise to the claim for Service Credit. We shall acknowledge receipt of all Service Credit Requests via email no later than the next succeeding business day after such receipt and shall review all requests within 14 days after such receipt. You shall be notified via email upon resolution of the request.
Unless you have been notified of any Unavailability, you shall have notified us (by telephone or email) of any Unavailability promptly during such Unavailability. Eligibility for Service Credit is based on a failure that is caused solely by a component or components of our Service Offerings that is managed by us.
If your Service Credit Request is approved, we shall issue Service Credit to your account, which Service Credit shall appear on the invoice issued in the month following the month in which the Service Credit Request Form was approved.
Service Credit shall be your sole remedy for any failure by us to provide any of the Service Offerings, including without limitation any Unavailability. The Service Credit provided for herein is based on your compliance with the terms and conditions of the Master Services Agreement (including without limitation this Service Level Agreement), and the failure of you to comply therewith may invalidate the Guarantees provided herein. Service Credits are not cumulative. If we fail to comply with more than one Guarantee with respect to you during a calendar month, only the Guarantee producing the greatest measured Service Credit to you will be considered for the granting of Service Credit. Furthermore, if you receive more than one Service included in the Service Offerings, Service Credits will not be considered for any Service included in the Service Offerings that were not affected by our failure to comply with any Guarantee.
Service Objects Inc. may modify, amend or revise one or more of these Guarantees at any time and from time to time. Such changes or revisions shall be deemed effective upon the posting of updated Service Level Agreement information to the Website.