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Unifound IT Solutions is proud to offer an exceptional level of performance, reliability, and service. That is why we are
making commitments to our customers in the form of a Service Level Agreement (SLA) which provides certain rights and remedies
regarding the performance of the Unifound network. The Unifound IT Solutions Service Level Agreement (SLA) guarantees our
network/equipment reliability and performance. This Service Level Agreement (SLA) applies to customers of Unifound's web
hosting, reseller, dedicated server, and co-location services.
Uptime Guarantee
Unifound IT Solutions strives to maintain a 99.5% network and server uptime service level. This uptime percentage is a
monthly
figure, and it is calculated solely by Unifound IT Solutions monitoring systems or Unifound IT Solutions authorized/contracted outside
monitoring services. If Unifound IT Solutions fails to meet it's 99.5% uptime guarantee, and it is not due to one of the
exceptions below, credits will be made available to each client, upon request, on a case by case basis. Unifound IT Solutions does
not credit a full month's service for minor downtime. This would not be financially healthy for Unifound IT Solutions, and in turn
would only negatively affect the service level Unifound IT Solutions provides to you. "Partial credits for partial downtime" is
our standard policy. In extreme circumstances, Unifound IT Solutions may distribute full month credits, but this is dealt with on
a case by case basis. Details on how credit amounts are calculated can be found below.
Exceptions
Only clients in good standing (not suspended for any reason) and current in billing are available to receive any
credit for this SLA not being met. Customer
shall not receive any credits under this SLA in connection with any failure or deficiency of the Unifound IT Solutions
network caused by or associated with:
Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war,
insurrection, sabotage, embargo, "Acts of God" (ie. fire, flood, earthquake, tornado, etc...), strike or other labor
disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or
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 Service Level Agreement
Telco Failure (ie. Verio or Sprint cutting a fiber line somewhere)
Backbone peering point issues (ie. UUnet?having a router go down in Virginia that wipes out internet service for the
entire East Coast)
Scheduled maintenance for hardware/software upgrades
Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). Unifound IT Solutions utilizes only name
brand hardware of the highest quality and performance.
Software bugs/flaws (Exploits and bugs may develop that cause security issues or downtime)
DNS issues not within the direct control of Unifound IT Solutions
Network floods, hacks, attacks from outside parties or individuals
Failure or error of any Unifound IT Solutions monitoring or measurement system
Client's acts or omissions, including without limitation, any negligence, willful misconduct, or use of Unifound IT Solutions service(s) in breach of Unifound IT Solutions Policy and Service Guidelines (AUP), by Client or others authorized by Client.
Connectivity
Unifound's goal is to make the Unifound IT Solutions network available to Client free of outages for 99.5% of the time. An
"outage" is defined as an instance in which Unifound's monitoring system is unable to transmit and receive IP packets due
to a Unifound IT Solutions
service failure for more than 15 consecutive minutes, excluding service failures relating to Unifound's scheduled
maintenance and upgrades. The Unifound IT Solutions network does not include client premises equipment or any Telco access
facilities connecting Client's premises to such infrastructure. Unifound's goal is to keep Average Round-Trip Latency on
the Unifound IT Solutions network to 85 milliseconds or less. Unifound IT Solutions defines "Average Round-Trip Latency", with respect
to a given month, as the average time required for round-trip packet transfers between the Unifound IT Solutions network and major
US backbone peering points during such month, as measured by Unifound IT Solutions. Unifound's goal is to keep Average Packet
Loss on the Unifound IT Solutions network to 1% or less. Unifound IT Solutions defines "Average Packet Loss", with respect to a given
month, as the average percentage of IP packets transmitted on the Unifound IT Solutions network during such month that are not
successfully delivered, as measured by Unifound IT Solutions.
Measurement
Unifound IT Solutions will periodically (on average every 5 minutes) monitor Unifound IT Solutions network and server availability
using software and hardware components capable of measuring application traffic and responses. Client acknowledges that that
such measurements may not measure the exact path traversed by Client's internet connection, and that such measurements
constitute measurements across the Unifound IT Solutions network but not other networks to which Client may connect. Unifound IT Solutions reserves the right to periodically change the measurement points and methodologies it uses without notice to Client.
Hardware Failure
Unifound IT Solutions stands behind all equipment on our network. Faulty hardware
is rare, but cannot be predicted nor avoided. Unifound
IT Solutions utilizes only name brand hardware of
the highest quality and performance. Unifound IT Solutions
will replace all faulty hardware affecting performance
levels of equipment within 48 hours, which includes
hardware issues that cause server crashes or speed
issues. Hardware failure resulting in complete network/server
outage/downtime will be corrected within two hours
of problem identification. Router failure is an exception
to this SLA guarantee, and may require on-site Cisco
engineers or backbone provider emergency personnel
to correct the problem. Unifound IT Solutions will
replace all faulty hardware on dedicated servers (rented
or leased servers), at no charge to the Client, with
an unlimited free replacement policy. This includes
parts ordered as upgrades.
Credits
Credit requests must be made via the Unifound IT Solutions Central Command Control Panel, by filling out a "Service Level
Agreement (SLA) Request" form when provided. Each request in connection with network/server outages/downtime must be received
by Unifound IT Solutions within three days of the occurrence. Each request in connection with Average Round-Trip Latency or
Average Packet Loss in a calendar month must be received by Unifound IT Solutions within three days after the end of such month. The total
amount credited to a Client for Unifound IT Solutions not meeting SLA service levels will not exceed the service fees paid by
Client Unifound IT Solutions for such services for the period in question. Each validly requested credit will be applied to a
Client invoice within 30 days after Unifound's receipt of such request. Credits are exclusive of any applicable taxes
charged to Client or collected by Unifound IT Solutions. Upon Client's request (in accordance with the procedure set forth below),
Unifound IT Solutions will issue a credit to Client for network/server outages/downtime occurring during any calendar month that
are reported by Client to Unifound IT Solutions and confirmed by Unifound's measurement reporting. Such credit will be equal
to one day's worth (1/30th) of the monthly fees paid by Client, (for all service fees paid if network outage, or specific
affected service fees paid if individual server downtime) multiplied by each hour (or portion thereof rounded to nearest next
hour) of the cumulative duration of such outage/downtime. If Average Round-Trip Latency on the Unifound IT Solutions network for a
calendar month exceeds 85 milliseconds, then upon Client's request, Unifound IT Solutions will issue a credit to Client equal to
one day's worth (1/30th) of the monthly service fees paid by Client for such month. If Average Packet Loss exceeds 1% during a
calendar month, then upon Client's request, Unifound IT Solutions will issue a credit to Client equal to one day's worth (1/30th)
of the monthly service fees paid by Client for such month.
General
Unifound IT Solutions reserves the right to change or modify this SLA to benefit the Client, and will post changes to location
currently housing this SLA at time of modification, which will be made available to Client. Except as set forth in this SLA,
Unifound IT Solutions makes no claims regarding the availability or performance of the Unifound IT Solutions network or servers.
Specific terms/points of this SLA may be adjusted on a case by case basis by the specific Service Agreement signed/agreed by
client. In case of difference terms/points in SLA and Service Agreement, the Service Agreement terms/points prevail over this
general SLA policy. The Service Agreement signed/agreed by client, is above and beyond this SLA, and Service Agreement terms
are in affect, including, but not limited to, limitations of liability.
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