This Service Level Agreement (the "SLA") governs the use of all products
and services (collectively, the "Services") offered by Exocomm its
customers ("Customer").
Service Commitment
Exocomm 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
Exocomm guarantees the functioning of all hardware, including servers,
CPUs, 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 Exocomm's
receipt of Customer's trouble ticket concerning the hardware issue and
Exocomm'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
Exocomm 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 Exocomm power or HVAC
systems are not available and (b) Customer submits a Exocomm trouble
ticket detailing the unavailability of the Exocomm 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
Exocomm guarantees that the Exocomm 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 Exocomm'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 Exocomm, excluding Maintenance, but including managed
switches, routers, and cabling.
Maintenance
"Maintenance" means Scheduled Maintenance or Emergency Maintenance.
"Scheduled Maintenance" means any maintenance in the Exocomm
data center
of which Customer is notified at least 7 days in advance. "Emergency
Maintenance" means any maintenance in the Exocomm data center that: (a)
in Exocomm's sole discretion, is necessary to avoid an immediate threat
to the Exocomm datacenter or Customer's server and (b) of which Customer
is notified.
Remedies
In the event Exocomm fails to meet the Replacement Guarantee or
customer experiences Infrastructure Downtime or Network Downtime as
outlined herein, provided Customer follows the procedures outlined
herein, Exocomm 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 Exocomm'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 Exocomm trouble
ticket. All downtimes will be measured from the time the ticket is
received and validated by Exocomm to the time Exocomm, 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 Exocomm customer in good standing to receive the
Credit. No Credit will be applied to accounts that are past-due or for
accounts that are cancelled 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.
Exceptions
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 Exocomm or a Exocomm Customer, or (vi failure of any Network or
Internet Infrastructure not owned or managed by Exocomm. Server Hardware
Replacement guarantee does not include time required to perform data
restores and backups if applicable.
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