|
Sibername Internet and Software Technologies Inc. SERVICE LEVEL AGREEMENT
The Sibername Internet and Software Technologies Inc. Service Level Agreement (“SLA”) applies to all web hosting services. The client agrees that Sibername Internet and Software Technologies Inc. internal measurements establish the eligibility for any applicable Performance Credit. In the event that Client determines that a discrepancy in such measurement exists, Client shall promptly notify Sibername Internet and Software Technologies Inc. and Sibername Internet and Software Technologies Inc. and Client will mutually agree upon the validity and accuracy of the measurement, and upon Client’s eligibility for any applicable Performance Credits.
This SLA may be amended at any time by Sibername Internet and Software Technologies Inc.. Updated copies of the SLA will be located at http://www.Sibername Internet and Software Technologies Inc./sla.html
1. Definitions.
1.1. Web Hosting Maintanence Services is defined as a monthly system overview by a System Administrator. Sibername Internet and Software Technologies Inc. will perform a set of performed checks, audits regarding your server. From time to time security updates, application patches, and System Administration may be performed.
1.2. Sibername Internet and Software Technologies Inc. Network (“Sibername Internet and Software Technologies Inc. Network”) is defined as the equipment, software and facilities within Sibername Internet and Software Technologies Inc. network segment, including Sibername Internet and Software Technologies Inc. contracted ISP service to which Sibername Internet and Software Technologies Inc. network segment is connected, collectively used by Sibername Internet and Software Technologies Inc. to provide the service.
1.3. Service Availability (“Service Availability”) is the total time in a calendar month that the Sibername Internet and Software Technologies Inc. is available through the Internet, provided that Client has established connectivity. Sibername Internet and Software Technologies Inc. takes responsibility for the Service Availability within their network, and cannot be held liable for upstream problems. The Sibername Internet and Software Technologies Inc. Network will be available to clients free of Network Outages for 99.9% of the time.
1.4. Service Downtime ("Service Downtime") is any unplanned interruption in Service Availability during which Client is unable to access the services as described in section 1.3 above that is determined to have been caused by a problem in Sibername Internet and Software Technologies Inc. Network as confirmed by Sibername Internet and Software Technologies Inc.. Service Downtime is measured as the total length of time of the unplanned interruption in Service Availability in a calendar month. Sibername Internet and Software Technologies Inc. provides direct support and expertise in the software it provides, any unplanned outages due to software failure are the direct responsibility of the software publisher and not of Sibername Internet and Software Technologies Inc..
1.5. Scheduled Service Downtime (“Scheduled Service Downtime”) is any Sibername Internet and Software Technologies Inc. interruption of Managed Services. Scheduled Service Downtime occurs during Sibername Internet and Software Technologies Inc. standard server maintenance window, which occurs with a 24 hour notice to the Client via e-mail.
1.6. Performance Credit (“Performance Credit”) occurs when 99.9% uptime is not met. Sibername Internet and Software Technologies Inc. will refund the customer 5% of the monthly fee for each 30 minutes of downtime (up to 100% of the customer's monthly fee). Network downtime is measured from the time the trouble ticket is opened by a customer to the time the server is once again able to transmit and receive data.
1.7 Monitoring Service (“Monitoring Service”) is the service Sibername Internet and Software Technologies Inc. provides and monitors TCP/IP based ports and applications through its internal monitoring service.
1.8 Billable System Administration (" Billable System Administration") Support provided to the client that requires Sibername Internet and Software Technologies Inc. to login to the account can be considered Billable System Administration. Fees for this service are billed out at a $50.00 minimum charge with hourly rates of $100.
2. Service Downtime Performance Credit.
2.1. In the event of Service Downtime in which monthly Service Availability is less than 99.9%, Client will receive a Performance Credit as described in section 1.6 of this document.
3. Service Exclusions.
3.1. This SLA does not cover Service Downtime caused by problems in the following:
3,1.1. Client’s local area network.
3.1.2. Client-provided Internet connectivity or end-user software.
3.1.3. Anything inside Client’s internal network including, but not limited to, firewall configuration and bandwidth to internet, local area workstations, servers, software, and configuration.
4. Service Downtime Exclusions.
4.1. The following are excluded from the monthly calculation of Service Availability:
4.1.1. Any utilized Scheduled Service Downtime.
4.1.2. Any problems outside Sibername Internet and Software Technologies Inc. Network.
4.1.3. Any interruptions, delays or failures caused by Client or Client’s employees, agents, or subcontractors, such as, but not limited to, the following:
4.1.3.1. Inaccurate configuration.
4.1.3.2. Non-compliant use of any software installed on the server.
4.1.3.3. Client initiated server over-utilization.
4.1.3.4. Any problems related to the attacks on the machine such as hacking, attacks, and exploits.
5. Server Hardware for Full Managed, Managed, and Unmanaged Servers.
5.01 Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included under the server lease. This guarantee excludes the time required to rebuild a RAID array.
5.0.2 Hardware replacement will occur within 24 hours of the reported problem, Sibername Internet and Software Technologies Inc. will refund 25% of the monthly fee per additional 24 hours of down time (up to 100% of customer's monthly fee).
5.03 Restoration is defined as returning the server to original configuration when it was purchased. If hardware failure causes corrupted Operating System, Data Files, or Configuration of server, Sibername Internet and Software Technologies Inc. will restore the system to original state.
5.04 Sibername Internet and Software Technologies Inc. is not responsible for the restoration of data to server. If hardware occurs and data loss occurs, client is ultimately responsible for data restoration. Sibername Internet and Software Technologies Inc. shall not be liable for loss of data under any circumstance.
|
