(Last updated December 5, 2009) This Service Level Agreement (the “SLA”) governs the use of all products and services (collectively, the “Services”) offered by WEBPROVISE, its parent company, and their affiliates and subsidiaries to its customers (“Customer”).
WEBPROVISE is committed to providing services to its Customers at a standard of excellence commensurate with the best practice in the industry. Network uptime and server availability are of the highest importance. The following service levels are designed to assure Customers of ultimate performance and maximal uptime.
Server Hardware Replacement
WEBPROVISE guarantees the functioning of all hardware, including servers, CPU’s, cabling and associated server hardware, firewalls, load balancers, and storage area networks, and will replace any failed component at no cost to Customer within one hour following WEBPROVISE’s receipt of Customer’s trouble ticket concerning the hardware issue and WEBPROVISE’s identification of the failed hardware (the “Replacement Guarantee”). “Hardware” means the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware listed in the Service. The Replacement Guarantee does not include the time required to rebuild a RAID array or the reload of the operating systems and applications or changes to hardware during Maintenance, as defined below.
Power and HVAC Availability
WEBPROVISE guarantees that its power and HVAC systems will be available 100% of the time in a given month, excluding Maintenance, as defined below. “Infrastructure Downtime” means: (a) the WEBPROVISE power or HVAC systems are not available and (b) Customer submits a WEBPROVISE trouble ticket detailing the unavailability of the WEBPROVISE power or HVAC systems resulting in Customer downtime. Infrastructure Downtime does not include downtime issues related to power supplies on Customer’s servers, load balancers, or switches.
100% Network Uptime
WEBPROVISE guarantees that the WEBPROVISE network will be available 100% of the time, excluding Maintenance, as defined below. Customer is eligible for a credit for Network Downtime for any breach of this guarantee, which can be verified by WEBPROVISE’s technical support team. “Network Downtime” is defined as an inability to transmit and receive data caused by failure of network equipment managed and owned by WEBPROVISE, excluding Maintenance, but including managed switches, routers, and cabling.
“Maintenance” means Scheduled Maintenance or Emergency Maintenance. “Scheduled Maintenance” means any maintenance in the WEBPROVISE datacenter of which Customer is notified at least 7 days in advance. “Emergency Maintenance” means any maintenance in the WEBPROVISE datacenter that: (a) in WEBPROVISE’s sole discretion, is necessary to avoid an immediate threat to the WEBPROVISE datacenter or Customer’s server and (b) of which Customer is notified.
In the event WEBPROVISE fails to meet the Replacement Guarantee or customer experiences Infrastructure Downtime or Network Downtime as outlined herein, provided Customer follows the procedures outlined herein, WEBPROVISE will apply a credit (“Credit”) to Customer’s account in an amount equal to five percent (5%) of the Net MRC for the affected account for each hour of downtime or fraction thereof. “Net MRC” means the monthly recurring charge for hosting service for the server experiencing the issue excluding any add-on or optional services which are not included as part of the standard hosting plan but are included as part of such customer’s monthly recurring charge. The Credits described in this SLA will be Customer’s exclusive remedy and WEBPROVISE’s entire liability for any breach of any warranty of performance or service contained in this SLA. In order to claim Credits, Customer must open a WEBPROVISE trouble ticket. All downtimes will be measured from the time the ticket is received and validated by WEBPROVISE to the time WEBPROVISE, in its sole discretion is able to resolve the issue. Customer may not receive more than one Credit per affected configuration per incident and in no event will Customer receive greater than one month’s Net MRC in Credit for any given month regardless of the number of incidents. Customer must be a WEBPROVISE customer in good standing to receive the Credit. No Credit will be applied to accounts that are past-due or for accounts that are canceled before the conditions for payment of the Credit are met. Upon cancellation of the Customer’s account, any outstanding or previously accrued Credits will be forfeited. Credits will be applied against purchases or renewals for which payment is due after the date the credit is applied. Credits will not be applied against past due balances.
Customer shall not be entitled to any Credit hereunder if Infrastructure Downtime or Network Downtime is caused by: (i) actions of the Customer or others authorized by Customer to use the Service under the Agreement; (ii) application, software, or operating system failure, (iii) the result of network maintenance activity, (iv) Denial of Service attack, hacker activity, or other malicious event or code targeted against WEBPROVISE or a WEBPROVISE Customer, or (vi failure of any Network or Internet Infrastructure not owned or managed by WEBPROVISE. Server Hardware Replacement guarantee does not include time required to perform data restores and backups if applicable.