SERVICE LEVEL AGREEMENT
Technic Elixir Web Services (hereinafter referred to as “Provider”) offers exceptional levels of performance, reliability and service. This Service Level Agreement (hereinafter referred to as “SLA”) provides certain rights and remedies to customers of Provider’s web hosting services (hereinafter referred to as “Subscriber”) regarding Provider’s performance, reliability and service.
Uptime Guarantee:
Provider strives to maintain a 99.5% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely, in Provider’s sole discretion, by Provider’s monitoring systems or Provider’s authorized and/or contracted outside monitoring services. If Provider fails to meet this 99.5% uptime guarantee, and such failure is not due to one of the exceptions below, Provider may provide a credit to Subscriber, in Provider’s sole discretion and pursuant to the terms and provisions herein. Provider will, in Provider’s sole discretion, allow Subscriber a credit for the downtime proportional to the actual additional downtime experienced by Subscriber during the month in question. It is not Provider’s policy to provide a credit for a full month for minor downtime. Provider will credit Subscriber, in Provider’s sole discretion, on a case by case basis and only upon the request of Subscriber for any downtime experienced by Subscriber greater than 0.5%. Details on how credit amounts are calculated can be found below.
Exceptions:
Subscriber shall not receive any credits under this SLA in connection with any failure or deficiency of Provider’s network or server caused by or associated with:
• Circumstances beyond the reasonable control of Provider, including, but not limited to, acts of any governmental body, war, insurrection, sabotage, embargo, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications of third party services, failure of third party software or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the SLA, fire, flood, earthquake, tornado or any other act of God;
• Failure due to the telephone company’s failure to provide service (i.e., if a telephone company cuts a fiber line and disconnects either Subscriber or Provider);
• Backbone peering point issues (i.e., a third party company’s service is interrupted for any reason and such interruption causes an entire region of the United States to lose internet access);
• Scheduled maintenance for hardware and/or software upgrades. Provider shall make reasonable efforts to notify Subscriber of any scheduled maintenance for hardware and/or software upgrades. Provider does not, however, guarantee any such notice shall be given before the interruption in service occurs;
• Hardware failure through no fault of Provider;
• Software bugs and/or flaws not caused by Provider. Exploits and bugs may develop that cause security issues or additional downtime to cure;
• DNS issues not within the direct control of Provider;
• Network floods, hacks, and/or attacks from outside parties or individuals;
• Failure or error of any of Provider’s monitoring or measurement system; and
• Any and all of Subscriber’s acts or omissions, including, but not limited to, any negligence, whether gross negligence or not, willful misconduct or use of the service(s) of Provider in breach of any policy or guideline of Provider as set forth herein or in Provider’s Terms of Service, by Subscriber or others authorized by Subscriber.
Connectivity:
Provider shall make Provider’s network available to Subscriber without outages 99.5% of the time. An “outage” is defined as an instance in which Subscriber is unable to transmit and receive IP packets due to a failure of the services of Provider for more than 5 consecutive minutes, excluding service failures relating to Provider’s scheduled maintenance and upgrades. Provider’s network does not include Subscriber’s premises equipment or any telephone company access facilities connecting Subscriber’s premises to such infrastructure. Provider’s goal is to keep Average Round-Trip Latency on Provider’s network to 85 milliseconds or less. Provider defines “Average Round-Trip Latency”, with respect to a given month, as the average time required for round-trip packet transfers between Provider’s network and major US backbone peering points during such month, as measured by Provider. Provider’s goal is to keep Average Packet Loss on Provider’s network to 1.0% or less. Provider defines “Average Packet Loss”, with respect to a given month, as the average percentage of IP packets transmitted on Provider’s network during such month that are not successfully delivered, as measured by Provider.
Measurement:
Provider will periodically monitor Provider’s network and server availability using software and hardware components capable of measuring application traffic and responses. Subscriber acknowledges that such measurements may not measure the exact path traversed by Subscriber’s internet connection, and that such measurements constitute measurements across Provider’s network but not other networks to which Subscriber may connect. Provider reserves the right to change the measurement points and methodologies it uses at any time without notice to Subscriber. Full network and server reporting will be posted to a location designated by Provider and made available to Subscriber.
Hardware Failure:
Provider utilizes the best hardware and software available to Provider. However, Provider does not in any way guarantee the performance of Provider’s hardware and/or software, unless otherwise specifically stated in an agreement between Provider and Subscriber. In the event of failure of hardware and/or software, Provider will repair or replace, in Provider’s sole discretion, such faulty hardware and/or software as promptly as possible. In the event a hardware failure causes a complete network or server to go out or down, Provider will correct such problem within four hours of Provider’s knowledge of the existence of such problem. Router failure is an exception to this SLA guarantee, and may require on-site CiscoTM engineers or backbone provider emergency personnel to correct the problem. Router failure is governed by current contracts between Provider and other third parties in regard to the emergency repair service in case of such an issue.
Credits:
All credit requests must be made by contacting Provider via email through Provider’s web site. In the email, Subscriber should include Subscriber’s name and contact information, the exact nature of the problem, the date or dates and time of the problem and the amount of the credit being requested by Subscriber. Any request for a credit due to network outages or server downtime must be received by Provider within three days of the problem. Any request in connection with Average Round-Trip Latency or Average Packet Loss must be received by Provider within three days after the end of such month when the problem occurred. Provider will promptly contact Subscriber with Provider’s response to Subscriber’s request. In no event shall the total amount credited to a Subscriber due to Provider’s not meeting SLA service levels exceed the service fees paid by Subscriber to Provider for such services for the period in question. If Average Round-Trip Latency on Provider’s network for a calendar month exceeds 90 milliseconds, then upon Subscriber’s request, Provider will issue a credit to Subscriber equal to one day’s worth (1/30th) of the monthly service fees paid by Subscriber for such month. If Average Packet Loss exceeds 1.0% during a calendar month, then upon Subscriber’s request, Provider will issue a credit to Subscriber equal to one day’s worth (1/30th) of the monthly service fees paid by Subscriber for such month. Any credit granted by Provider will be applied to Subscriber’s account within 30 days after Provider’s receipt of such request. Credits are exclusive of any applicable taxes charged to Subscriber or collected by Provider. It is Provider’s policy to grant credits in proportion to the problem experienced. For example, if the network is down for 10% of one month for a reason not excepted herein, Subscriber should receive a credit of 10% for that month. This is only a policy of Provider. Provider does not guaranty the granting of any credit or the amount of any credit.
Account Cancellations:
Subscriber’s account can be cancelled ONLY by submitting secure service cancellation form. Other methods of cancellation are not valid.
Term and Termination:
This SLA shall be effective as of the date Subscriber first opens an account with Provider. The term of this SLA shall be six (6) months after this SLA becomes effective (“Term”). This SLA shall be automatically renewed for six (6) month periods until such time as either party terminates this SLA as provided herein. Either party may terminate this SLA for any reason by giving the other party thirty (30) days prior written notice. Provider may terminate this SLA immediately in the event Subscriber does not timely pay the fees owed to Provider.
Governing Law:
The laws of the State of Illinois shall govern and interpret this SLA.
General:
Provider reserves the right to change or modify this SLA to benefit the Subscriber at any time, and will post any and all changes to a location currently housing this SLA at the time of modification, which will be made available to Subscriber. Provider and Subscriber may amend this SLA at any time in writing signed by both parties. Except as set forth in this SLA, Provider makes no claims regarding the availability or performance of Provider’s network or servers. In the event of any conflict between this SLA and any other agreement between Provider and Subscriber, this SLA shall control.
Limitation of Liability:
Provider shall not be responsible for any information lost or damages to Subscriber due to Provider’s network or server outage or downtime for any reason or for any length of time, whether through the negligence of Provider or not.
