SLA (Service Level Agreement)
This Service Level Agreement (SLA) is attached to and made a part of the Subscriber Agreement dated [1/10/08] (the “Agreement”) by and between GlobalOneHosting LLC (“ServiceProviderCorp”) and the End-User (“Subscriber”). Capitalized terms used but not defined herein shall have the meanings set forth in the Agreement. ServiceProviderCorp agrees to provide the levels of service set forth in this SLA to Covered SLA Recipients, as defined below. “Covered SLA Recipient” shall mean any Subscriber (a) who has purchased a subscription for ServiceProviderCorp services of at least $500 per month, (b) whose ServiceProviderCorp software and operational procedures are current as posted on the ServiceProviderCorp customer portal, and (c) is in good credit standing with ServiceProviderCorp.
Notwithstanding anything to the contrary above, Subscriber is not eligible to be a Covered SLA Recipient until thirty (30) days after Subscriber has begun using ServiceProviderCorp services.
Service Levels.
Network Availability
Network Availability shall be measured as the time for which the service is usable expressed as a percentage of the total time in a Measurement Period. For the purposes of this calculation, times during the Measurement Period will be excluded during posted maintenance windows and when the service is not usable due to an event of Force Majeure, failure of Subscriber’s applications, Subscriber’s equipment or power supplies, or the acts or omissions of Subscriber’s or any third party’s employees or agents (not within the reasonable control of ServiceProviderCorp Networks).
The Network will be deemed Available if any of Subscriber’s applications can successfully be viewed with http and send email. ServiceProviderCorp will warrant that Network Availability will be at least 99.9% during any calendar month. Within five (5) days after the last day of each calendar month, ServiceProviderCorp shall post Network Availability statistics for the Subscriber.
Performance Measurements and Reporting.
Data Collection. ServiceProviderCorp will collect daily and monthly performance data to compute Service Level Agreement results. ServiceProviderCorp will use such data to confirm or reject, in its sole discretion, failures to achieve the Service Level Targets identified herein. ServiceProviderCorp will calculate the applicable service level metrics by rounding to the nearest one hundredth of one percent.
Current Software and Procedures. Subscriber shall ensure that any ServiceProviderCorp software installed at its site(s) is the most current version as posted on the ServiceProviderCorp customer portal, and that all applicable ServiceProviderCorp procedures are followed. At ServiceProviderCorp’s request, Subscriber shall upgrade any installed ServiceProviderCorp software within forty five (45) days from first receipt of the upgrade request from ServiceProviderCorp. After the forty five (45)-day upgrade period has expired, ServiceProviderCorp’s obligations under this Service Level Agreement will be voided.
Remedies for Performance Decrease
Network Availability. For each 0.10% underachieved against the monthly Service Level Target of 99.9% Network Availability, Subscriber will be credited with 1% of that month’s base subscription amount subject to the limits of section 3.3 below.
Control Panel Status. For each minute that Subscriber’s average Control Panel Status exceeds 15 minutes Subscriber will be credited with 1% of that month’s base subscription amount subject to the limits of section 3.3 below.
Aggregate Credit. The aggregate credit payable to Subscriber in any month for all underachieved Service Level Targets of any kind occurring in such month shall not exceed six percent (10%) of the total amount of the month’s base subscription amount due to ServiceProviderCorp. For clarity’s sake, this amount shall not include any one time or annual charges. Any credits for Performance Decreases which occur in one month in excess of this six percent (10%) limit shall not accrue, be rolled over to the next month and/or credited against any other fees for ServiceProviderCorp services.
Payment of Credits. ServiceProviderCorp will provide service credits to the Subscriber in the billing period following any identified underachieved Service Level Targets. These will be deducted from charges due to ServiceProviderCorp from Subscriber, and any remaining balance will be due and payable to ServiceProviderCorp under its standard payment terms and policies. Service credits will be based on the following metrics and schedules:
Limitations.
Any Performance Decrease caused by events or circumstances beyond ServiceProviderCorp’s control, including without limitation earthquakes, fires, floods, riots, wars, labor disputes, government regulation or intervention or changes in laws or government requirements is not included in the calculation of percentage of ServiceProviderCorp network availability and shall not count towards any credits to be given under this SLA.
Connection failures caused by Covered SLA Recipient or such Covered SLA Recipients’ employees’ errors, hardware, software, or equipment failure (including but not limited loss of Internet connections, non-working applications, firewall reconfigurations, or password changes) or scheduled downtime are excluded from the Network Availability target and shall not count towards any credits given under this SLA.
The credits payable in accordance with the terms and conditions of this SLA shall be Subscriber’s sole and exclusive remedy for any Performance Decreases of any kind or any other breach (including but not limited to failure to collect and report verification data) of this SLA.
This SLA is an agreement between ServiceProviderCorp and Subscriber, and shall not give rise to any liability or obligation of any ServiceProviderCorp supplier. There are no third-party beneficiaries of this SLA.
Third party insurance providers may offer guarantees or insurance policies outside the scope of this SLA. ServiceProviderCorp carries no liability for these guarantees or any reimbursements covered in such insurance policies.
For the purposes of this SLA, Subscriber shall not to use mechanical or software devices to repeatedly transmit test messages, increase message traffic or in any way attempt to manipulate the data used by ServiceProviderCorp to calculate the credits herein. .
Service Credit Process
Subscriber Administrative Contact. All credit requests will be filed by the Subscriber’s Administrative Contact until changed upon written notice to ServiceProviderCorp.
