 1.1 Service Availability is the total time in a calendar month that PowerSurge.net is available through the Internet, provided that Client has established Internet connectivity. PowerSurge.net takes responsibility for the Service Availability within its immediate network segment, and cannot be held liable for problems directly related to an upstream bandwidth provider. The PowerSurge.net Network will be available to clients free of Network Outages for 99.9% of the time
1.2. Service Downtime is any unplanned interruption in Service Availability during which the Client is unable to access the services as described in preceding section 1.1, provided the interruption is determined to have been caused by a problem in the immediate PowerSurge.net network segment as confirmed by PowerSurge.net. Service Downtime is measured as the total length of time of the unplanned interruption in Service Availability during a calendar month. PowerSurge.net provides direct support and expertise in any software it directly provides, while any unplanned outages due to third-party software failure are the direct responsibility of the software publisher and not of PowerSurge.net.
1.3. Scheduled Service Downtime is any PowerSurge.net interruption of Managed Services. Scheduled Service Downtime occurs during a PowerSurge.net standard server maintenance window, which occurs in conjunction with a 24 hour notice to the Client via electronic communication. Said downtime is coordinated with the Client to the best of PowerSurge.net's abilities as to align the window of maintenance with the Client's explicit wishes
1.4. Performance Credit occurs when 99.9% uptime is not met. PowerSurge.net 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 a trouble ticket is opened by a customer to the time the server is once again able to transmit and receive data.
1.5. Billable System Administration is operation, configuration, performance tuning, security configurations, and any interaction with the operating system or software installed on the server in question that is not already provided within the service plan of the server in question. Support provided to the client that requires PowerSurge.net to login to the server can normally be considered Billable System Administration. Fees for said services 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 1.4 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. Entities inside Client's internal network including, but not limited to, firewall configuration and bandwidth shaping, local area workstations, or other servers, equipment, and software that have a potential bearing on the local networking environment
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 beyond the immediate PowerSurge.net network segment
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 attacks on the machine such as hacking, bandwidth-based attacks of any nature, and service or operating system exploits
|
