Service Level AgreementService Objects guarantees 99.995% availability of its Web Services. The following guarantees are part of such commitment and demonstrate our willingness to stand behind our internal processes, our network and the quality of our Web Services, as described below. The following guarantees are available to eligible current paying service subscribers. Paying subscribers may be referred to herein, collectively, as "Customers". Amount of Service Credit for Unavailability: 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 two (2) hours, in a calendar month: one (1) day Service Credit. Unavailability equal to or greater than two (2) hours, but less than four (4) hours, in a calendar month: one (1) week Service Credit. Unavailability equal to or greater than four (4) hours in a calendar month: one (1) month Service Credit. Outage Notification Guarantee: Internet Latency Guarantee: Average Internet latency in excess of 100 milliseconds for any calendar month: one (1) week Service Credit Average Internet latency in excess of 100 milliseconds in each of two (2) consecutive calendar months: one (1) month Service Credit Packet Loss Guarantee: Definitions: "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 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; customer request; any action performed by us in order to maintain or improve our services; any customer equipment, circuit, application, software, code, hardware device failure or malfunction; acts or omissions of Customer and/or Customer's users; denial of credit to Customer; planned or unplanned telco 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 Customer's technical contact by e-mail 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 the Customer and/or its agents to receive such notice for any reason, including problems with or failures of Customer's e-mail system(s) or erroneous contact information provided by Customer or any other reason. "Service Credit" for any Guarantee, shall mean: One (1) day Service Credit equals one divided by the actual number of days in the month to which the Service Credit relates multiplied by Customer's Monthly Recurring Charge for such month. One (1) week Service Credit equals seven divided by the actual number of days in the month to which the Service Credit relates multiplied by Customer's Monthly Recurring Charge for such month. One (1) month Service Credit equals one hundred percent (100%) of Customer's Monthly Recurring Charge for such month. Service Claim Process: Unless Customer has been notified of any Unavailability, Customer shall have notified our company 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 Customer's service that is managed by us. Service Credit: Service Credit shall be Customer's sole remedy for any failure by us to provide Services, including, but not limited to, any Unavailability. The Service Credit provided for herein is based on Customer's compliance with the terms and conditions of its Internet services agreement with us, and the failure of Customer to comply therewith may invalidate our Guarantees provided herein. Service Credits are not cumulative. If we fail to comply with more than one Guarantee with respect to a Customer during a calendar month, only the Guarantee producing the greatest measured Service Credit to such Customer will be considered for the granting of Service Credit. Furthermore, If Customer receives more than one Service, Service Credits will not be considered for Services that were not affected by our failure to comply with any Guarantee. Modifications: |
